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NSW Government Housing Reforms

Council responses made to NSW Government reforms and advocacy for more localised decision making and government funding.

The NSW State Government have embarked upon a group of planning reforms to address the State’s current housing issues. Further detail can be found on the Department of Planning Housing and Infrastructure’s Housing Page.

Housing SEPP

Council’s Local Environmental Plan (LEP) and Development Control Plan must be read in conjunction with relevant State Government Policies such as State Environmental Planning Policies (SEPPs). In certain instance the provisions of a SEPP will override the LEP controls.

State Environmental Planning Policy (Housing) 2021 (the Housing SEPP) includes the planning provisions for:

  • boarding houses
  • build-to-rent housing
  • seniors housing
  • caravan parks and manufactured home estates
  • group homes
  • retention of existing affordable rental housing
  • secondary dwellings (granny flats)
  • social and affordable housing
  • short-term rental accommodation
  • design quality of residential apartment development.

The Housing SEPP now includes provisions relating to the Transport Oriented Development Program and the Low and Mid-Rise Housing Policy.

Transit oriented development 

Housing SEPP – Chapter 5 -Transit Oriented Development applies to certain land at Wyong/Tuggerah, Gosford and Woy Woy. The land to which these controls apply can be viewed through the NSW Planning Portal Digital EPI Viewer – SEPP (Housing) 2021 map and by opening the ‘Transit Oriented Development Sites’ Map.

Chapter 5 of the Housing SEPP is to be read in conjunction with Central Coast LEP 2022 and the associated mapping for the LEP.

Low and mid-rise housing

Housing SEPP – Chapter 6 – Low and mid-rise housing applies to certain land at Wyong, Tuggerah, The Entrance, Erina, Green Point, Gosford and Woy Woy. The land to which these controls apply can be viewed through the NSW Planning Portal Digital EPI Viewer – SEPP (Housing) 2021 map and by opening the 'Town Centres Map'. Note: This mapping does not indicate the distance from these centres that these provisions apply.

The Department of Planning Housing and Infrastructure have produced an Indicative Map that may provide guidance as to where these provisions may apply. This Indicative Map is not to be relied on to establish whether these planning provisions apply to land. This is to be established by the proponent in consultation with Council. 

Chapter 6 of the Housing SEPP is to be read in conjunction with Central Coast LEP 2022 and the associated mapping for the LEP.

Codes SEPP - Housing Provisions

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or Codes SEPP contains a group of streamline the planning process for certain development or works.

  • Exempt Development is minor development which result in a minor impact on the environment (e.g. fencing, small shed or low height landscape wall). It does require formal approval but must meet certain set standards and be proposed on land that is not identified as being constrained
  • Complying Development is development that is considered to have a minor environmental impact on neighbourhood amenity which can be addressed by predetermined development standards. Council, or a private accredited certifier, can grant a Complying Development Certificate.

There are a range of different Codes within the SEPP, some of which can be used to expedite the process of residential development, on certain land that has limited constraints. This includes the:

  • Housing Code
  • Rural Housing Code
  • Greenfield Housing Code.

More recently the Codes SEPP was expanded to include an approval process for development proposals for multiple dwellings such as dual occupancies, manor homes and terrace housing. The controls and the circumstances under which they can be applied can be found within:

Further information can be found on the Department’s Low Rise Housing Diversity Code webpage and the NSW Housing Pattern Book Webpage.
 

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