SEPP (Rental Housing-Granny Flat)

State Environmental Planning Policy (Affordable Rental
Housing) 2009
Current version for 1 March 2020 to date (accessed 29 April 2020 at 11:07)
Status information
New South Wales
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Current version for 1 March 2020 to date (accessed 29 April 2020 at 11:07)
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Notes
See also—
Planning Legislation Amendment Bill 2019
Authorisation
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Published by NSW Parliamentary Counsel’s Office on www.legislation.nsw.gov.au Page 1 of 59

State Environmental Planning Policy (Affordable Rental Housing) 2009 [NSW]
New South Wales
Part 1 Preliminary
1 Name of Policy
This Policy is State Environmental Planning Policy (Affordable Rental Housing) 2009.
2 Commencement
(1) Except as provided by subclause (2), this Policy commences on the day on which it is published
on the NSW legislation website.
(2) Schedules 3.2 [2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14 commence on the commencement
of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.
3 Aims of Policy
The aims of this Policy are as follows—

(a) to provide a consistent planning regime for the provision of affordable rental housing,
(b) to facilitate the effective delivery of new affordable rental housing by providing incentives by
way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary
development standards,
(c) to facilitate the retention and mitigate the loss of existing affordable rental housing,
(d) to employ a balanced approach between obligations for retaining and mitigating the loss of
existing affordable rental housing, and incentives for the development of new affordable rental
housing,
(e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing,
(f) to support local business centres by providing affordable rental housing for workers close to
places of work,
(g) to facilitate the development of housing for the homeless and other disadvantaged people who
may require support services, including group homes and supportive accommodation.
4 Interpretation—general
(1) In this Policy—

accessible area means land that is within—
(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which
a Sydney Ferries ferry service operates, or
Current version for 1 March 2020 to date (accessed 29 April 2020 at 11:07) Page 2 of 59
(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a
light rail station with no entrance, 400 metres walking distance of a platform of the light rail
station, or
(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning
of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus
stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and
between 08.00 and 18.00 on each Saturday and Sunday.
battle-axe lot means a lot that has access to a road by an access laneway.
boarding room means a room or suite of rooms within a boarding house occupied or so
constructed or adapted as to be capable of being occupied by one or more lodgers.
consent—
(a) when used in relation to the carrying out of development without consent, means
development consent and any other type of consent, licence, permission, approval or
authorisation that is required by or under an environmental planning instrument, and
(b) when used in any other context, means development consent.

Note.
As a result of paragraph (a) of the definition of consent, development that this Policy provides may be carried
out without development consent may also be carried out without any other consent, licence, permission,
approval or authorisation that would otherwise be required by another environmental planning instrument
(such as an approval to remove a tree that is subject to a tree preservation order).
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the
Act applies or exempt development will be subject to the environmental assessment and approval
requirements of Part 5 of the Act.
development for the purposes of a secondary dwelling—see clause 19.
existing maximum floor space ratio means the maximum floor space ratio permitted on the land
under an environmental planning instrument or development control plan applying to the
relevant land, other than this Policy or State Environmental Planning Policy No 1—Development
Standards.
habitable room has the same meaning as in the Building Code of Australia.
Note. The term is defined as a room used for normal domestic activities, other than a bathroom, laundry,
toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that
is not occupied frequently or for extended periods.
interim heritage order has the same meaning as in the Heritage Act 1977.
Land and Housing Corporation means the New South Wales Land and Housing Corporation
constituted by the Housing Act 2001.
National Rental Affordability Scheme has the same meaning as in the National Rental
Affordability Scheme Act 2008 of the Commonwealth.
registered community housing provider has the same meaning as in the Housing Act 2001.
site area or site means the area of any land on which development is, or is to be, carried out. The
land may include the whole or part of one lot, or more than one lot if they are contiguous to each
other, but does not include the area of any land on which development is not permitted to be
carried out under this Policy.
social housing provider means any of the following—

(a) the Department of Human Services,
(b) the Land and Housing Corporation,
(c) a registered community housing provider,
(d) the Aboriginal Housing Office,
(e) a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing
Act 1998,
(f) a local government authority that provides affordable housing,
(g) a not-for-profit organisation that is a direct provider of rental housing to tenants.
standard instrument means the standard instrument set out at the end of the Standard
Instrument (Local Environmental Plans) Order 2006.
State Heritage Register means the State Heritage Register under the Heritage Act 1977.
supportive accommodation means the use of an existing building (being a residential flat
building or boarding house) for the purposes of—
(a) the long term accommodation, in a separate dwelling or boarding room, of a person (such as
former homeless person) who needs support services to be provided in the building, and
(b) any services in support of such a person, including but not limited to, medical services,
counselling services or education and training services,
and it may include the use of part of the building for the purposes of supervising, or providing
administrative services in respect of, such a person.
Sydney region means the region having that name declared under section 4 (6) of the Act.
Note. The Sydney region means land within the following Local Government Areas—
Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Blue Mountains, Botany, Burwood, Canada
Bay, Camden, Campbelltown, Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, Hunters
Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman,
North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland,
Sydney, Warringah, Waverley, Willoughby, Wollondilly, Woollahra and Wyong.
the Act means the Environmental Planning and Assessment Act 1979.
walking distance means the shortest distance between 2 points measured along a route that may
be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and
pedestrian crossings.
Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the
interpretation and application of this Policy.
(2) A word or expression used in this Policy (other than Schedule 1 or 2) has the same meaning as it
has in the standard instrument (as in force immediately before the commencement of the
Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is
otherwise defined in this Policy.
(3) Notes and examples included in this Policy do not form part of this Policy.
5 Interpretation—references to equivalent land use zones
(1) A reference in this Policy to a land use zone that is equivalent to a named land use zone is a
reference to a land use zone under an environmental planning instrument that is not made as
provided by section 3.20 (2) of the Act—
(a) that the Director-General has determined under clause 1.6 of State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which
equivalent land uses are permitted to those permitted in that named land use zone, or
(b) if no such determination has been made in respect of the particular zone, is a land use zone
in which (in the opinion of the relevant authority) equivalent land uses are permitted to
those permitted in that named land use zone.
(2) An assessment made by a relevant authority under subclause (1) (b) applies only in respect of the
particular development that is proposed to be carried out and more than one such assessment
may be made in respect of the same land use zone.
(2A) Despite subclause (1), in relation to land—

(a) to which an environmental planning instrument that is not made as provided by section 3.20
(2) of the Act applies, and
(b) to which a draft environmental planning instrument that complies with that section and that
has been the subject of community consultation also applies,
a reference in this Policy to a lot or land in a land use zone that is equivalent to a named land use
zone is a reference to a lot or land specified in such a zone in the last such draft environmental
planning instrument that was the subject of such community consultation.
(2B) In subclause (2A), community consultation means community consultation under section 57 of
the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the
Environmental Planning and Assessment Regulation 2000).
(3) In this clause, relevant authority means—

(a) the public authority proposing to carry out the development, or on whose behalf the
development is proposed to be carried out, or
(b) if the development is to be carried out by or on behalf of a person other than a public
authority, the consent authority.
Note. Land use zones that are named in this Policy are those set out in the standard instrument.
6 Affordable housing
Note. The Act defines affordable housing as follows—
affordable housing means housing for very low income households, low income households or moderate income
households, being such households as are prescribed by the regulations or as are provided for in an
environmental planning instrument.
(1) In this Policy, a household is taken to be a very low income household, low income household or
moderate income household if the household—
(a) has a gross income that is less than 120 per cent of the median household income for the
time being for the Greater Sydney (Greater Capital City Statistical Area) (according to the
Australian Bureau of Statistics) and pays no more than 30 per cent of that gross income in
rent, or
(b) is eligible to occupy rental accommodation under the National Rental Affordability Scheme
and pays no more rent than that which would be charged if the household were to occupy
rental accommodation under that scheme.
(2) In this Policy, residential development is taken to be for the purposes of affordable housing if the
development is on land owned by the Land and Housing Corporation.
7 Land to which Policy applies
This Policy applies to the State.
8 Relationship with other environmental planning instruments
If there is an inconsistency between this Policy and any other environmental planning instrument,
whether made before or after the commencement of this Policy, this Policy prevails to the extent of
the inconsistency.
9 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance
with this Policy or with a development consent granted under the Act, any agreement, covenant
or other similar instrument that restricts the carrying out of that development does not apply to
the extent necessary to serve that purpose.
(2) This clause does not apply—

(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land
Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act
1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species
Conservation Act 1995, or
(g) to any planning agreement within the meaning of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered
instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of
subclauses (1)–(3).
Part 2 New affordable rental housing

Division 1 In-fill affordable housing
10 Development to which Division applies
(1) This Division applies to development for the purposes of dual occupancies, multi dwelling
housing or residential flat buildings if—
(a) the development concerned is permitted with consent under another environmental planning
instrument, and
(b) the development is on land that does not contain a heritage item that is identified in an
environmental planning instrument, or an interim heritage order or on the State Heritage
Register under the Heritage Act 1977.
(2) Despite subclause (1), this Division does not apply to development on land in the Sydney region
unless all or part of the development is within an accessible area.
(3) Despite subclause (1), this Division does not apply to development on land that is not in the
Sydney region unless all or part of the development is within 400 metres walking distance of
land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is
equivalent to any of those zones.
11, 12 (Repealed)
13 Floor space ratios
(1) This clause applies to development to which this Division applies if the percentage of the gross
floor area of the development that is to be used for the purposes of affordable housing is at least
20 per cent.
(2) The maximum floor space ratio for the development to which this clause applies is the existing
maximum floor space ratio for any form of residential accommodation permitted on the land on
which the development is to occur, plus—
(a) if the existing maximum floor space ratio is 2.5:1 or less—
(i) 0.5:1—if the percentage of the gross floor area of the development that is used for
affordable housing is 50 per cent or higher, or
(ii) Y:1—if the percentage of the gross floor area of the development that is used for
affordable housing is less than 50 per cent,
where—
AH is the percentage of the gross floor area of the development that is used for
affordable housing.
Y = AH ÷ 100
or
(b) if the existing maximum floor space ratio is greater than 2.5:1—
(i) 20 per cent of the existing maximum floor space ratio—if the percentage of the gross
floor area of the development that is used for affordable housing is 50 per cent or
higher, or
(ii) Z per cent of the existing maximum floor space ratio—if the percentage of the gross
floor area of the development that is used for affordable housing is less than 50 per
cent,
where—
AH is the percentage of the gross floor area of the development that is used for
affordable housing.
Z = AH ÷ 2.5
(3) In this clause, gross floor area does not include any car parking (including any area used for car
parking).
Note. Other areas are also excluded from the gross floor area, see the definition of gross floor area
contained in the standard instrument under the Standard Instrument (Local Environmental Plans) Order 2006.
14 Standards that cannot be used to refuse consent
(1) Site and solar access requirements A consent authority must not refuse consent to development
to which this Division applies on any of the following grounds—
(a) (Repealed)
(b) site area

if the site area on which it is proposed to carry out the development is at least 450 square
metres,
(c) landscaped area

if—
(i) in the case of a development application made by a social housing provider—at least 35
square metres of landscaped area per dwelling is provided, or
(ii) in any other case—at least 30 per cent of the site area is to be landscaped,
(d) deep soil zones

if, in relation to that part of the site area (being the site, not only of that particular
development, but also of any other associated development to which this Policy applies)
that is not built on, paved or otherwise sealed—
(i) there is soil of a sufficient depth to support the growth of trees and shrubs on an area of
not less than 15 per cent of the site area (the deep soil zone), and
(ii) each area forming part of the deep soil zone has a minimum dimension of 3 metres, and
(iii) if practicable, at least two-thirds of the deep soil zone is located at the rear of the site
area,
(e) solar access

if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of
the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in
mid-winter.
(2) General A consent authority must not refuse consent to development to which this Division
applies on any of the following grounds—
(a) parking
if—
(i) in the case of a development application made by a social housing provider for
development on land in an accessible area—at least 0.4 parking spaces are provided for
each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each
dwelling containing 2 bedrooms and at least 1 parking space is provided for each
dwelling containing 3 or more bedrooms, or
(ii) in any other case—at least 0.5 parking spaces are provided for each dwelling containing
1 bedroom, at least 1 parking space is provided for each dwelling containing 2
bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3
or more bedrooms,
(b) dwelling size

if each dwelling has a gross floor area of at least—
(i) 35 square metres in the case of a bedsitter or studio, or
(ii) 50 square metres in the case of a dwelling having 1 bedroom, or
(iii) 70 square metres in the case of a dwelling having 2 bedrooms, or
(iv) 95 square metres in the case of a dwelling having 3 or more bedrooms.
(3) A consent authority may consent to development to which this Division applies whether or not
the development complies with the standards set out in subclause (1) or (2).
15 Design requirements
(1) A consent authority must not consent to development to which this Division applies unless it has
taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines
for Infill Development published by the Department of Infrastructure, Planning and Natural
Resources in March 2004, to the extent that those provisions are consistent with this Policy.
(2) This clause does not apply to development to which clause 4 of State Environmental Planning
Policy No 65—Design Quality of Residential Apartment Development applies.
16 Continued application of SEPP 65
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design
Quality of Residential Flat Development to any development to which this Division applies.
16A Character of local area
A consent authority must not consent to development to which this Division applies unless it has
taken into consideration whether the design of the development is compatible with the character of
the local area.
17 Must be used for affordable housing for 10 years
(1) A consent authority must not consent to development to which this Division applies unless
conditions are imposed by the consent authority to the effect that—
(a) for 10 years from the date of the issue of the occupation certificate—
(i) the dwellings proposed to be used for the purposes of affordable housing will be used
for the purposes of affordable housing, and
(ii) all accommodation that is used for affordable housing will be managed by a registered
community housing provider, and
(b) a restriction will be registered, before the date of the issue of the occupation certificate,
against the title of the property on which development is to be carried out, in accordance
with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of
paragraph (a) are met.
(2) Subclause (1) does not apply to development on land owned by the Land and Housing
Corporation or to a development application made by, or on behalf of, a public authority.
18 Subdivision
Land on which development has been carried out under this Division may be subdivided with the
consent of the consent authority.
Division 2 Secondary dwellings

19 Definition
In this Division—
development for the purposes of a secondary dwelling includes the following—
(a) the erection of, or alterations or additions to, a secondary dwelling,
(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.
Note.
The standard instrument defines secondary dwelling as follows—
secondary dwelling means a self-contained dwelling that—
(a)
is established in conjunction with another dwelling (the principal dwelling), and
(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the
principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
20 Land to which Division applies
This Division applies to land within any of the following land use zones or within a land use zone
that is equivalent to any of those zones, but only if development for the purposes of a dwelling house
is permissible on the land—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential.
This Division applies to development, on land to which this Division applies, for the purposes of a
secondary dwelling and ancillary development (within the meaning of Schedule 1).
22 Development may be carried out with consent
(1) Development to which this Division applies may be carried out with consent.
(2) A consent authority must not consent to development to which this Division applies if there is on
the land, or if the development would result in there being on the land, any dwelling other than
the principal dwelling and the secondary dwelling.
(3) A consent authority must not consent to development to which this Division applies unless—
(a) the total floor area of the principal dwelling and the secondary dwelling is no more than the
maximum floor area allowed for a dwelling house on the land under another environmental
planning instrument, and
(b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a
greater floor area is permitted in respect of a secondary dwelling on the land under another
environmental planning instrument, that greater floor area.
(4) A consent authority must not refuse consent to development to which this Division applies on
either of the following grounds—
(a) site area
if—
(i) the secondary dwelling is located within, or is attached to, the principal dwelling, or
(ii) the site area is at least 450 square metres,
(b) parking
if no additional parking is to be provided on the site.
the development complies with the standards set out in subclause (4).
23 Complying development
(1) Development for the purposes of a secondary dwelling (other than development referred to in
subclause (2)) is complying development if the development—
(a) General requirements
meets the general requirements for complying development set out in clauses 1.17A and
1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008, and
(a1) (Repealed)
(b) Land-based requirements

is on a lot that does not include any land referred to in clause 1.19 (1) of that Policy, and
(c) Specified development

is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those
zones, and
(d) is on a lot that has an area of at least 450 square metres, and
(e) does not involve the erection of a basement or alterations or addition to an existing
basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations
or addition to any such existing terrace, and
(g) Development standards

satisfies the development standards set out in Schedule 1.
(2) Development for the purposes of a secondary dwelling that is located entirely within an existing
dwelling house is complying development if the development—
(a) General requirements
meets the relevant provisions of the Building Code of Australia, and
(a1) (Repealed)
(b) Land-based requirements

is on a lot that does not include any—
(i) land that is an environmentally sensitive area within the meaning of State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(ii) land that comprises, or on which there is, a heritage item or a draft heritage item within
the meaning of that Policy, and
(c) Specified development
is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those
zones, and
(d) involves no external alterations to the principal dwelling other than the provision of an
additional entrance, and
(e) does not involve the erection of a basement or alterations or addition to an existing
basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations
or addition to any such existing terrace, and
(g) Development standards

will not result in there being on the land, any dwelling other than the principal dwelling and
the secondary dwelling, and
(h) will not result in the floor area of the secondary dwelling being more than 60 square metres
or, if a greater floor area is permitted in respect of a secondary dwelling on the land under
another environmental planning instrument, being more than that greater floor area.
(2A) (Repealed)
(3) If a secondary dwelling is to be built at the same time as a principal dwelling, the building of
both dwellings and any ancillary development on the lot may be carried out as a single
complying development if—
(a) the building of the secondary dwelling can be carried out as complying development under
this Division, and
(b) the building of the principal dwelling and any ancillary development can be carried out as
complying development under State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008.
(4) In determining whether a principal dwelling (when built at the same time as a secondary
dwelling) can be carried out as complying development under State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008, the secondary dwelling is not to be
taken into account.
Note. This means that the principal dwelling would be considered to be a dwelling house (a building
containing only one dwelling) for the purposes of that Policy even if the secondary dwelling were within it or
attached to it.
(5) A complying development certificate for development that is complying development under this
Division is subject to the conditions specified in Schedule 6 to State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008, except that the reference in clause 11
of Schedule 6 to that Policy to a dwelling house is taken to be a reference to a principal dwelling
or a secondary dwelling.
Note. Principal and secondary dwellings will be classified as class 1a or class 2 under the Building Code of
Australia depending on the configuration of those dwellings.
24 No subdivision
A consent authority must not consent to a development application that would result in any
subdivision of a lot on which development for the purposes of a secondary dwelling has been carried
out under this Division.
Division 3 Boarding houses

25 Definition
In this Division—
communal living room means a room within a boarding house or on site that is available to all
lodgers for recreational purposes, such as a lounge room, dining room, recreation room or games
room.
This Division applies to land within any of the following land use zones or within a land use zone
that is equivalent to any of those zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone B1 Neighbourhood Centre,
(f) Zone B2 Local Centre,
(g) Zone B4 Mixed Use.
(1) This Division applies to development, on land to which this Division applies, for the purposes of
boarding houses.
(2) Despite subclause (1), clauses 29, 30 and 30A do not apply to development on land within Zone
R2 Low Density Residential or within a land use zone that is equivalent to that zone in the
Sydney region unless the land is within an accessible area.
(3) Despite subclause (1), clauses 29, 30 and 30A do not apply to development on land within Zone
R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not
in the Sydney region unless all or part of the development is within 400 metres walking distance
of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is
equivalent to any of those zones.
Development to which this Division applies may be carried out with consent.
29 Standards that cannot be used to refuse consent
the grounds of density or scale if the density and scale of the buildings when expressed as a floor
space ratio are not more than—
(a) the existing maximum floor space ratio for any form of residential accommodation
permitted on the land, or
(b) if the development is on land within a zone in which no residential accommodation is

permitted—the existing maximum floor space ratio for any form of development permitted
on the land, or
(c) if the development is on land within a zone in which residential flat buildings are permitted
and the land does not contain a heritage item that is identified in an environmental planning
instrument or an interim heritage order or on the State Heritage Register—the existing
maximum floor space ratio for any form of residential accommodation permitted on the
land, plus—
(i) 0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or
(ii) 20% of the existing maximum floor space ratio, if the existing maximum floor space
ratio is greater than 2.5:1.
any of the following grounds—
(a) building height
if the building height of all proposed buildings is not more than the maximum building
height permitted under another environmental planning instrument for any building on the
land,
(b) landscaped area

if the landscape treatment of the front setback area is compatible with the streetscape in
which the building is located,
(c) solar access

where the development provides for one or more communal living rooms, if at least one of
those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-
winter,
(d) private open space

if at least the following private open space areas are provided (other than the front setback
area)—
(i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided
for the use of the lodgers,
(ii) if accommodation is provided on site for a boarding house manager—one area of at

least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to
that accommodation,
(e) parking
if—
(i) in the case of development carried out by or on behalf of a social housing provider in an
accessible area—at least 0.2 parking spaces are provided for each boarding room, and
(ii) in the case of development carried out by or on behalf of a social housing provider not
in an accessible area—at least 0.4 parking spaces are provided for each boarding room,
and
(iia) in the case of development not carried out by or on behalf of a social housing
provider—at least 0.5 parking spaces are provided for each boarding room, and
(iii) in the case of any development—not more than 1 parking space is provided for each
person employed in connection with the development and who is resident on site,
(f) accommodation size

if each boarding room has a gross floor area (excluding any area used for the purposes of
private kitchen or bathroom facilities) of at least—
(i) 12 square metres in the case of a boarding room intended to be used by a single lodger,
or
(ii) 16 square metres in any other case.
(3) A boarding house may have private kitchen or bathroom facilities in each boarding room but is
not required to have those facilities in any boarding room.
the development complies with the standards set out in subclause (1) or (2).
(5) In this clause—

social housing provider does not include a registered community housing provider unless the
registered community housing provider is a registered entity within the meaning of the
Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth.
30 Standards for boarding houses
(1) A consent authority must not consent to development to which this Division applies unless it is
satisfied of each of the following—
(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will
be provided,
(b) no boarding room will have a gross floor area (excluding any area used for the purposes of
private kitchen or bathroom facilities) of more than 25 square metres,
(c) no boarding room will be occupied by more than 2 adult lodgers,
(d) adequate bathroom and kitchen facilities will be available within the boarding house for the
use of each lodger,
(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or
on site dwelling will be provided for a boarding house manager,
(f) (Repealed)
(g) if the boarding house is on land zoned primarily for commercial purposes, no part of the
ground floor of the boarding house that fronts a street will be used for residential purposes
unless another environmental planning instrument permits such a use,
(h) at least one parking space will be provided for a bicycle, and one will be provided for a
motorcycle, for every 5 boarding rooms.
(2) Subclause (1) does not apply to development for the purposes of minor alterations or additions to
an existing boarding house.
30AA Boarding houses in Zone R2 Low Density Residential
A consent authority must not grant development consent to a boarding house on land within Zone R2
Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied
that the boarding house has no more than 12 boarding rooms.
30A Character of local area
A consent authority must not consent to development to which this Division applies unless it has
taken into consideration whether the design of the development is compatible with the character of
the local area.
Division 4 Supportive accommodation

This Division applies to land on which development for the purposes of a residential flat building or
boarding house is permissible under this or any other environmental planning instrument.
This Division applies to development, on land to which this Division applies, for the purposes of
supportive accommodation.
33 Development may be carried out without consent
Development to which this Division applies may be carried out without consent but only if the
development does not involve the erection or alteration of, or addition to, a building.
Division 5 Residential flat buildings—social housing providers, public

authorities and joint ventures
This Division applies to the following land, but not if development for the purposes of a residential
flat building is permissible on the land under another environmental planning instrument—
(a) land in the Sydney region that is within 800 metres of—
(i) a public entrance to a railway station or light rail station, or
(ii) in the case of a light rail station with no entrance—a platform of the light rail station,
(b) land in one of the following towns that is within 400 metres of land in Zone B3 Commercial
Core, Zone B4 Mixed Use or a land use zone that is equivalent to either of those zones—
Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs
Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland,
Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace,
Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga,
Warrawong, Wollongong.
(1) This Division applies to development, on land to which this Division applies, for the purposes of
a residential flat building—
(a) by or on behalf of a public authority or social housing provider, or
(b) by a person who is undertaking the development with the Land and Housing Corporation.
(2) Despite subclause (1), this Division does not apply to development to which Division 1 applies.
(1) Development to which this Division applies may be carried out with consent.
(2) A consent authority must not consent to development to which this Division applies unless it is
satisfied that—
(a) the Director-General has certified in a site compatibility certificate that, in the Director-
General’s opinion, the development is compatible with the surrounding land uses, and
(b) if the development is in respect of a building on land zoned primarily for commercial
purposes, no part of the ground floor of the building that fronts a street will be used for
residential purposes unless another environmental planning instrument permits such a use.
(3) Nothing in this clause prevents a consent authority from—

(a) consenting to development on a site by reference to site and design features that are more
stringent than those identified in a site compatibility certificate for the same site, or
(b) refusing consent to development by reference to the consent authority’s own assessment of
the compatibility of the development with the surrounding land uses, or
(c) having regard to any other matter in determining a development application.
(3A) (Repealed)
(4) Car parking is not required to be provided in relation to development to which this Division
applies.
37 Site compatibility certificates
(1) An application for a site compatibility certificate under this Division may be made to the
Director-General—
(a) by the owner of the land on which the development is proposed to be carried out, or
(b) by any other person with the consent of the owner of that land.
(2) An application under this clause—

(a) must be in writing in a form approved by the Director-General, and
(b) must be accompanied by such documents and information as the Director-General may
require, and
(c) must be accompanied by such fee, if any, as is prescribed by the regulations.
(3) The Director-General may request further documents and information to be furnished in
connection with an application under this clause.
(4) Within 7 days after the application is made, the Director-General must provide a copy of the
application to the council for the area in which the development concerned is proposed to be
carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a
certificate.
(5) The Director-General may determine the application by issuing a certificate or refusing to do so.
(6) The Director-General must not issue a certificate unless the Director-General—
(a) has taken into account any comments received from the council within 14 days after the
application for the certificate was made, and
(b) is of the opinion that the development concerned is compatible with the surrounding land
uses having regard to the following matters—
(i) the existing uses and approved uses of land in the vicinity of the development,
(ii) the impact that the development (including its bulk and scale) is likely to have on the
existing uses, approved uses and uses that, in the opinion of the Director-General, are
likely to be the preferred future uses of that land,
(iii) the services and infrastructure that are or will be available to meet the demands arising
from the development, and
(c) is of the opinion that the development concerned is not likely to have an adverse effect on
the environment and does not cause any unacceptable environmental risks to the land.
(7) A certificate may certify that the development to which it relates is compatible with the
surrounding land uses only if it satisfies certain requirements specified in the certificate.
(8) A certificate continues to apply to the land in respect of which it was issued despite any change
in the ownership of that land.
(9) A certificate is valid for 5 years or such other period specified in the certificate.
38 Must be used for affordable housing for 10 years
(1) A consent authority must not consent to development to which this Division applies unless
conditions are imposed by the consent authority to the effect that—
(a) for 10 years from the date of the issue of the occupation certificate—
(i) at least 50 per cent of the accommodation to which the development application relates
will be used for the purposes of affordable housing, and
(ii) all the accommodation that is used for affordable housing will be managed by a
registered community housing provider, and
(b) a restriction will be registered, before the date of the issue of the occupation certificate,
against the title of the property on which development is to be carried out, in accordance
with section 88E of the Conveyancing Act 1919, that will ensure that for 10 years from the
date of the issue of the occupation certificate—
(i) at least 50 per cent of the accommodation to which the development application relates
will be used for the purposes of affordable housing, and
(ii) all the accommodation that is used for affordable housing will be managed by a
registered community housing provider.
(2) Subclause (1) does not apply to development on land owned by the Land and Housing
Corporation or to a development application made by, or on behalf of, a public authority.
39 Continued application of SEPP 65
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design
Quality of Residential Flat Development to any development to which this Division applies.
Division 6 Residential development—Land and Housing Corporation

40 Development may be carried out without consent
(1) This clause applies to development for any of the following purposes where that development
may be carried out with consent—
(a) residential development, if any building will have a height of 8.5 metres or less and the
development will result in 20 dwellings or less on a single site and the provision of not less
than the following parking spaces—
(i) for development on land in an accessible area—0.4 parking spaces for each dwelling
containing 1 bedroom, 0.5 parking spaces for each dwelling containing 2 bedrooms and
1 parking space for each dwelling containing 3 or more bedrooms, or
(ii) for development that is not in an accessible area—0.5 parking spaces for each dwelling
containing 1 bedroom, 1 parking space for each dwelling containing 2 bedrooms and
1.5 parking spaces for each dwelling containing 3 or more bedrooms,
(b) demolition of dwellings and associated structures, but not if the dwelling or structure is on
land that—
(i) contains a heritage item that is identified in an environmental planning instrument or an
interim heritage order or on the State Heritage Register, or
(ii) is identified in an environmental planning instrument as being within a heritage

conservation area,
(c) subdivision of land and subdivision works.
(2) This clause does not apply to—

(a) development to which Division 5 applies, or
(b) development that is exempt or complying development under State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008, or
(c) development that is part of a project, or part of a stage of a project, that the Minister has
determined under section 75P of the Act to be subject to Part 4 of the Act.
(3) Development to which this clause applies may be carried out by or on behalf of the Land and
Housing Corporation without development consent.
(4) Before carrying out development to which this clause applies for a purpose referred to in
subclause (1) (a), the Land and Housing Corporation must—
(aa) before or after giving written notice to the council for the area under this subclause, request
the council to nominate any other persons who should, in the council’s opinion, be notified
of the development, and
(a) give written notice of the intention to carry out the development to the council for the area in
which the land is located, to any other person nominated for that purpose by that council
and to the occupiers of adjoining land, and
(b) take into account any response to the notice that is received within 21 days after the notice is
given, and
(c) take into account the Seniors Living Policy: Urban Design Guidelines for Infill Development
(ISBN 0 7347 5446 9) published by the Department of Infrastructure, Planning and Natural
Resources in March 2004, to the extent that it is not inconsistent with this Policy.
(5) Clauses 16 and 17 of State Environmental Planning Policy (Infrastructure) 2007 apply in respect
of development for a purpose referred to in subclause (1) (a) and, in the application of those
clauses, any reference in those clauses to—
(a) that Policy is taken to be a reference to this clause, and
(b) a public authority is taken to be a reference to the Land and Housing Corporation.
41 Exempt development
(1) Development for the following purposes is exempt development if it is carried out by or on
behalf of the Land and Housing Corporation in relation to housing and does not involve the use
of external combustible cladding (within the meaning of the Environmental Planning and
Assessment Regulation 2000)—
(a) repairs and maintenance work,
(b) non-structural renovations and building alterations.
(2) Development for the purposes of landscaping and gardening is exempt development if it is
carried out by or on behalf of the Land and Housing Corporation in relation to housing.
Division 7 Group homes

42 Definitions
(1) In this Division—

group home means a permanent group home or a transitional group home.
permanent group home means a dwelling—

(a) that is occupied by persons as a single household with or without paid supervision or care
and whether or not those persons are related or payment for board and lodging is required,
and
(b) that is used to provide permanent household accommodation for people with a disability or
people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for
Seniors or People with a Disability) 2004 applies.
prescribed zone means—

(a) any of the following land use zones or a land use zone that is equivalent to any of those
zones—
(i) Zone R1 General Residential,
(ii) Zone R2 Low Density Residential,
(iii) Zone R3 Medium Density Residential,
(iv) Zone R4 High Density Residential,
(v) Zone B4 Mixed Use,
(vi) Zone SP1 Special Activities,
(vii) Zone SP2 Infrastructure, and
(b) any other zone in which development for the purpose of dwellings, dwelling houses or multi
dwelling housing may be carried out with or without consent under an environmental
planning instrument.
transitional group home means a dwelling—

(a) that is occupied by persons as single household with or without paid supervision or care and
whether or not those persons are related or payment for board and lodging is required, and
(b) that is used to provide temporary accommodation for the relief or rehabilitation of people
with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide
half-way accommodation for persons formerly living in institutions or temporary
accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for
Seniors or People with a Disability) 2004 applies.

(a) a reference to people with a disability is a reference to people of any age who, as a result of
having an intellectual, psychiatric, sensory, physical or similar impairment, or a
combination of such impairments, either permanently or for an extended period, have
substantially limited opportunities to enjoy full and active lives, and
(b) a reference to people who are socially disadvantaged is a reference to—

(i) people who are disadvantaged because of their alcohol or drug dependence, extreme
poverty, psychological disorder or other similar disadvantage, or
(ii) people who require protection because of domestic violence or upheaval.
43 Development in prescribed zones
(1) Development for the purpose of a permanent group home or a transitional group home on land in
a prescribed zone may be carried out—
(a) without consent if the development does not result in more than 10 bedrooms being within
one or more group homes on a site and the development is carried out by or on behalf of a
public authority, or
(b) with consent in any other case.
(2) Division 1 of Part 2 of State Environmental Planning Policy (Infrastructure) 2007 applies in
respect of development carried out by or on behalf of a public authority under subclause (1) and,
in the application of that Division, any reference in that Division to that Policy is taken to be a
reference to this clause.
44 Exempt development existing group homes
(1) Development for a purpose specified in Schedule 1 to State Environmental Planning Policy
(Infrastructure) 2007 that is carried out within the boundaries of an existing group home, by or
on behalf of a public authority, is exempt development if—
(a) it meets the development standards for the development specified in that Schedule (as
modified by subclause (2)), and
(b) it complies with the requirements of clause 20 (2) of that Policy.
(2) For the purposes of this clause, the development standards set out in Schedule 1 to that Policy
with respect to carports associated with an existing building are taken to be modified as
follows—
(a) the maximum surface area for such a carport is taken to be 30 square metres,
(b) the maximum height for such a carport is taken to be 3 metres above ground level (existing),
(c) any such carport may be located up to 1 metre forward of a front building setback.
45 Complying development—group homes
(1) Development for the purposes of a group home is complying development if—
(a) the development does not result in more than 10 bedrooms being within one or more group
homes on a site, and
(b) the development satisfies the requirements for complying development specified in clauses
1.18 and 1.19 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (other than clauses 1.18 (1) (h) and 1.19 (1) (b) and the
requirement that the development not be in a draft heritage conservation area).
Note. Development specified as complying development under this clause may not be undertaken as
complying development if the development is on bush fire prone land—see section 100B of the Rural Fires
Act 1997.
(1A) (Repealed)
(2) The development standards for complying development under this clause are set out in Schedule
2.
(3) A complying development certificate is taken to satisfy any requirement of an environmental

planning instrument or tree preservation order for a consent, permit or approval to remove a tree,
or other vegetation, under 4 metres in height if the complying development cannot be carried out
without the removal of the tree or other vegetation.
(4) A complying development certificate for development that is complying development under this
clause is subject to the conditions specified in Schedule 6 to State Environmental Planning
Policy (Exempt and Complying Development) Codes 2008, except that the reference in clause 11
of Schedule 6 to that Policy to a dwelling house is taken to be a reference to a group home.
46 Determination of development applications
(1) A consent authority must not—

(a) refuse consent to development for the purpose of a group home unless the consent authority
has made an assessment of the community need for the group home, or
(b) impose a condition on any consent granted for a group home only for the reason that the
development is for the purpose of a group home.
(2) This clause applies to development for the purpose of a group home that is permissible with
consent under this or any other environmental planning instrument.
Division 8 Complying development on certain land—secondary dwellings

and group homes
46A Application
Unless otherwise provided, this Division applies—

(a) to development to which Divisions 2 and 7 of Part 2 apply, and
(b) in addition to all other development standards specified in those Divisions that apply to the
development.
46B Development standards for bush fire prone land
(1) Except as provided by subclause (2), this clause applies to development to which this Division
applies that is carried out on a lot that is wholly or partly bush fire prone land.
(2) This clause does not apply to the following development—

(a) development to which Division 7 of Part 2 applies,
(b) the erection of non-habitable ancillary development that is more than 6m from any dwelling
house, landscaping, a non-combustible fence or a swimming pool,
(c) development that is carried out on any part of a lot that is land in bush fire attack level-40
(BAL-40) or the flame zone (BAL-FZ).
Note. More information about the categories of bush fire attack, including the flame zone, can be found
in Table A1.7 of Planning for Bush Fire Protection.
(3) The development may be carried out on the lot only if—
(a) the development conforms to the specifications and requirements of Planning for Bush Fire
Protection that are relevant to the development, and
(b) any associated access way is on land that is—

(i) not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or
(ii) grasslands, and
(c) the lot has direct access to a public road or a road vested in or maintained by the council,
and
(d) the development is located within 200m of that road, and
(e) there is sufficient access designed in accordance with the acceptable solutions identified in
Table 7.4a of Planning for Bush Fire Protection, and
(f) a reticulated water supply is connected to the lot, or a water supply with a 65mm metal Storz
outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or
ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner
diameter water flow through the Storz fitting and must be of a metal construction), and
(g) the size of the non-reticulated water supply mentioned in paragraph (f) is—
(i) for a lot with an area no greater than 10,000m2—10,000L, and
(ii) for a lot with an area greater than 10,000m2—20,000L, and
(h) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS
1596:2014, The storage and handling of LP Gas and the requirements of relevant
authorities (metal piping must be used), and
(i) all fixed gas cylinders on the lot are located at least 10m from flammable materials and are
enclosed on the hazard side of the installation, and
(j) any gas cylinders on the lot that are within 10m of a dwelling house—
(i) have the release valves directed away from the dwelling house, and
(ii) have metal connections to and from the cylinders, and
(k) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the
dwelling.
Note. The requirements relating to the construction of buildings in bush fire prone areas set out in the
Building Code of Australia also apply.
(4) For the purposes of this clause, land is not in bush fire attack level-40 (BAL-40) or the flame
zone (BAL-FZ) if—
(a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified
consultant in bush fire risk assessment determines, in accordance with the methodology
specified in Planning for Bush Fire Protection, that the land is not in bush fire attack
level-40 (BAL-40) or the flame zone (BAL-FZ), or
(b) in the case of development carried out on grasslands—the development conforms to the
specifications and requirements of Table 7.9a of Planning for Bush Fire Protection that are
relevant to the development.

bush fire attack level-40 (BAL-40) and flame zone (BAL-FZ) have the same meanings as in AS
3959:2018, Construction of buildings in bushfire-prone areas.
grasslands has the same meaning as in Planning for Bush Fire Protection.
Planning for Bush Fire Protection means the document entitled Planning for Bush Fire
Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation
with the Department of Planning, Industry and Environment, dated November 2019.
46C Development standards for flood control lots
(1) Development to which this Division applies must not be carried out on any part of a flood
control lot, other than a part of the lot that the council or a professional engineer who specialises
in hydraulic engineering has certified, for the purposes of the issue of the relevant complying
development certificate, as not being any of the following—
(a) a flood storage area,
(b) a floodway area,
(c) a flow path,
(d) a high hazard area,
(e) a high risk area.
(2) Development to which this Division applies that is carried out on any part of a flood control lot
must comply with the following development standards—

(a) if there is a minimum floor level adopted in a development control plan by the relevant
council for the lot, the development must not cause any habitable room in the dwelling
house or group home to have a floor level lower than that floor level,
(b) any part of the dwelling house or group home or any ancillary development that is erected at
or below the flood planning level must be constructed of flood compatible material,
(c) any part of the dwelling house or group home and any ancillary development that is erected
must be able to withstand the forces exerted during a flood by water, debris and buoyancy
up to the flood planning level (or if an on-site refuge is provided on the lot, the probable
maximum flood level),
(d) the development must not result in increased flooding elsewhere in the floodplain,
(e) the lot must have pedestrian and vehicular access to a readily accessible refuge at a level
equal to or higher than the lowest habitable floor level of the dwelling house or group
home,
(f) vehicular access to the dwelling house or group home must not be inundated by water to a
level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event,
(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20
ARI (average recurrent interval) flood event.
(3) The requirements under subclause (2) (c) and (d) are satisfied if a joint report by a professional
engineer specialising in hydraulic engineering and a professional engineer specialising in civil
engineering states that the requirements are satisfied.
(4) A word or expression used in this clause has the same meaning as it has in the Floodplain
Development Manual.

flood compatible material means building materials and surface finishes capable of
withstanding prolonged immersion in water.
flood control lot means a lot to which flood related development controls apply in respect of
development for the purposes of secondary dwellings or group homes.
flood planning level means—

(a) the flood planning level adopted by a local environmental plan applying to the lot, or
(b) if a flood planning level is not adopted by a local environmental plan applying to the lot, the
flood planning level adopted in a development control plan by the relevant council for the
lot.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347
5476 0) published by the NSW Government in April 2005.
flow path means a flow path identified in the council’s flood study or floodplain risk
management study carried out in accordance with the Floodplain Development Manual.
high hazard area means a high hazard area identified in the council’s flood study or floodplain
risk management study carried out in accordance with the Floodplain Development Manual.
high risk area means a high risk area identified in the council’s flood study or floodplain risk
management study carried out in accordance with the Floodplain Development Manual.
46D Development standards for land near Siding Spring Observatory
(1) This clause applies to development to which this Division applies that is to be carried out on land
in the local government area of Coonamble, Gilgandra or Warrumbungle Shire or that part of the
local government area of Dubbo Regional that was formerly in the City of Dubbo.
(2) The development may be carried out only if it does not result in a dwelling house or group home
on land in the local government area of—
(a) Coonamble, Gilgandra or Warrumbungle Shire or that part of the local government area of
Dubbo Regional that was formerly in the City of Dubbo with an outside light fitting other
than a shielded light fitting, or
(b) Coonamble, Gilgandra or Warrumbungle Shire with more than 7 shielded outside light
fittings or more than 5 such light fittings that are not automatic light fittings.
Part 3 Retention of existing affordable rental housing

Note. Development that would otherwise be complying development cannot be carried out in relation to low-rental dwellings or low-
rental residential buildings. (See clause 1.4A of State Environmental Planning Policy (Exempt and Complying Development Codes)
2008.)
47 Interpretation
(1) In this Part—

comparable accommodation means accommodation that is comparable with the
accommodation provided within the premises the subject of a development application to which
this Part applies in that—
(a) it is similar in location because it is in the same or a neighbouring suburb, and
(b) it is at the same rental level, or is not more than 5 per cent higher than that level, and
(c) it is available for occupation at the date of lodgment of the development application, and
(d) in the case of residential flat buildings, comprises dwellings with the same number of
bedrooms as the dwellings in the premises the subject of the development application.
guidelines means the Guidelines for the Retention of Existing Affordable Rental Housing,
approved by the Director-General and published in the Gazette.
low-rental dwelling means a dwelling that (at any time in the 24 month period prior to the
lodgment of a development application to which this Part applies) was let at a rental not
exceeding the median rental level for that time (as specified in the Rent and Sales Report) in
relation to a dwelling of the same type, having the same number of bedrooms and located in the
same local government area.
low-rental residential building means a building used as a residential flat building containing a
low-rental dwelling or as a boarding house and includes a building—
(a) that, at the time of lodgment of a development application to which this Part applies, is
lawfully used as a residential flat building containing a low-rental dwelling or as a boarding
house, irrespective of the purpose for which the building may have been erected, or
(b) that was used as a residential flat building containing a low-rental dwelling or as a boarding
house but that use has been changed unlawfully to another use, or
(c) that is vacant, but the last significant use of which was as a residential flat building
containing a low-rental dwelling or as a boarding house.
Rent and Sales Report means the Rent and Sales Report published by the Department of Human
Services or a publication issued in place of that publication by or on behalf of the Government.
(2) In this Part, a very low income household, low income household or moderate income household
is taken to include a household that occupies a low-rental dwelling or a boarding room in a
boarding house.
48 Land to which Part applies
This Part applies to land within the Sydney region and land within the local government area of
Newcastle or Wollongong City.
49 Buildings to which Part applies
(1) This Part applies only to those buildings that were low-rental residential buildings as at 28
January 2000, and does not apply to any building that becomes a low-rental residential building
after that date.
(2) This Part does not apply to a building—

(a) that has been approved for subdivision under the Strata Schemes (Freehold Development)
Act 1973, or
(b) to which State Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004 applies, or
(c) owned by, or under the care, control and management of, a social housing provider.
50 Reduction of availability of affordable housing
(1) A person must not do any of the following in relation to a building to which this Part applies
except with development consent—
(a) demolish the building,
(b) alter or add to the structure or fabric of the inside or outside of the building,
(c) change the use of the building to another use (including, in particular, a change of use to
backpackers accommodation),
(d) if the building is a residential flat building, strata subdivide the building.
(2) In determining a development application referred to in subclause (1), the consent authority is to
take into account the guidelines and each of the following—
(a) whether there is likely to be a reduction in affordable housing on the land to which the
application relates,
(b) whether there is available sufficient comparable accommodation to satisfy the demand for
such accommodation,
(c) whether the development is likely to cause adverse social and economic effects on the
general community,
(d) whether adequate arrangements have been made to assist the residents (if any) of the
building likely to be displaced to find alternative comparable accommodation,
(e) the extent to which the development contributes to any cumulative loss of affordable
housing in the local government area,
(f) the structural soundness of the building, the extent to which the building complies with any
relevant fire safety requirements and the estimated cost of carrying out work necessary to
ensure the structural soundness of the building and the compliance of the building with the
fire safety requirements,
(g) whether the imposition of a condition requiring the payment of a monetary contribution for
the purposes of affordable housing would adequately mitigate the reduction of affordable
housing resulting from the development,
(h) in the case of a boarding house, the financial viability of the continued use of the boarding
house.
(3) For the purposes of subclause (2) (b), sufficient comparable accommodation is conclusively
taken to be not available if the average vacancy rate in private rental accommodation for Sydney
as published monthly by the Real Estate Institute of New South Wales is, for the 3 months
immediately preceding the date of lodgment of the development application, less than 3 per cent.
(4) For the purposes of subclause (2) (h), the continued use of a boarding house is financially viable
if the rental yield of the boarding house determined under clause 51 (5) not less than 6 per cent.
51 Contributions for affordable housing
(1) For the purposes of section 7.32 (1) of the Act, this Policy identifies a need for affordable
housing on land within the Sydney region and on land within the local government area of
Newcastle or Wollongong City.
(2) For the purposes of section 7.32 (3) (b) of the Act, this Policy authorises a condition to be
imposed under section 7.32 of the Act if—
(a) the consent authority, when determining a development application referred to in clause 50
(1), is satisfied that the proposed development will or is likely to reduce the availability of
affordable housing within the area, and
(b) the condition is imposed in accordance with the scheme for dedications or contributions set
out in subclauses (3) and (4).
(3) If a condition is to be imposed under this clause, the amount of the contribution is to be
calculated in accordance with the following formula—
where—
C is the contribution payable.
L is the total number of bedrooms in a low-rental dwelling and boarding rooms that will be lost
by the proposed development.
R is the replacement cost calculated as the average value of the first quartile of sales of strata
properties in the local government area in which the development is to take place, as specified in
the 4 most recent editions of the Rent and Sales Report.
(4) Despite subclause (3), where the development application relates to a boarding house that the
consent authority has assessed as not being financially viable—
(a) if the rental yield is 3 per cent or less, no contribution can be sought, and
(b) if the rental yield is more than 3 per cent and less than 6 per cent, the contribution payable is
to be reduced by being calculated in accordance with the following formula—
where—
C is the contribution payable.
X is the contribution that would be payable under subclause (3).
RY is the rental yield.

rental yield means the rental yield for a period (expressed as a percentage) determined by the
consent authority in accordance with the following formula and taking into account the
guidelines—
where—
RY in the rental yield.
Y is the gross rental income from the boarding house for the period.
E is the total expenses for the boarding house (excluding expenses that have been charged to
lodgers) for the period.
D is the capital depreciation of the boarding house for the period.
V is the total value of the boarding house were it to be purchased for the purposes of continuing
its use as a boarding house.
U is the estimated cost or carrying out work as determined under clause 50 (2) (f).
Part 4 Miscellaneous
52 No subdivision of boarding houses
A consent authority must not grant consent to the strata subdivision or community title subdivision
of a boarding house.
53 Review of Policy
The Minister must ensure that the provisions of this Policy are reviewed—
(a) as soon as practicable after the first anniversary of the commencement of this Policy, and
(b) at least every 5 years after that commencement.
54 Savings and transitional provisions
(1) If a development application has been made before the commencement of this clause in relation
to development to which this Policy applies and the application has not been finally determined
before that commencement, the application may be determined as if this Policy had not been
made.
(2) Despite subclause (1), a development application that has been made under State Environmental
Planning Policy No 10—Retention of Low-Cost Rental Accommodation before the repeal of that
Policy and not finally determined must be determined—
(a) if the application is for development has been referred to the Director-General for
concurrence under clause 7 of that Policy—in accordance with this Policy except that the
prior concurrence of the Director-General is required before consent can be granted to the
development application, and
(b) in any other case—in accordance with this Policy.
(3) Anything done by Housing NSW or the Department of Human Services under clause 16 or 63D
(3) of State Environmental Planning Policy (Infrastructure) 2007 in respect of development for
a purpose referred to in clause 40 (1) (a) of this Policy is taken to have been done in respect of
that development by the Land and Housing Corporation under clause 40 of this Policy.
54A Savings and transitional provisions—2011 amendment
(1) Division 1 of Part 2, as in force before its amendment by State Environmental Planning Policy
Amendment (Affordable Rental Housing) 2011 (the amending SEPP), continues to apply to
development, if—
(a) the land on which the development is situated is owned by the Land and Housing
Corporation and was owned by that Corporation immediately before the amendment, and
(b) the development is commenced not later than 2 years after the amendment.
(2) If a development application (an existing application) has been made before the commencement
of the amending SEPP in relation to development to which this SEPP applied before that
commencement, the application may be determined as if the amending SEPP had not been
made.
(3) If an existing application relates to development to which Division 1 or 3 of Part 2 applied, the
consent authority must not consent to the development unless it has taken into consideration
whether the design of the development is compatible with the character of the local area.
(4) Despite subclause (2), clause 13 (2) (as in force before the amendments made by the amending
SEPP) does not apply to development the subject of an existing application and any such
application is to be determined by applying instead clause 13 (2) and (3) as inserted by the
amending SEPP.
54B Savings and transitional provisions—2013 amendment
(1) This clause applies to a development application that was made before the commencement of the
amending SEPP and was not determined by a consent authority or, if appealed, not finally
determined by a court before that commencement.
(2) The application must be determined—

(a) by applying clause 5 as amended by the amending SEPP, and
(b) by applying all other provisions of this Policy as if the amending SEPP had not commenced.
(3) In this clause, the amending SEPP means State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment (Commercial and Industrial Development) 2013.
54C Savings and transitional provisions—2019 amendment
(1) This clause applies to a development application that was made before the commencement of the
amending SEPP and was not determined by a consent authority or, if appealed, not finally
determined by a court before that commencement.
(2) The application must be determined by applying all provisions of this Policy as if the amending
SEPP had not commenced.
(3) In this clause, the amending SEPP means State Environmental Planning Policy (Affordable
Rental Housing) Amendment (Boarding House Development) 2019.
55 Repeal
State Environmental Planning Policy No 10—Retention of Low-Cost Rental Accommodation is

repealed.
56 Savings and transitional provisions—site compatibility amendments
Clause 36, as amended by State Environmental Planning Policy (Repeal of Site Compatibility
Provisions) 2011, applies to a development application for development to which Division 5 of Part 2
applies that was made, but not determined, before the commencement of the amendments.
57 Savings and transitional provision—2020 amendments (bush fire prone land)
If an application for a complying development certificate has been made before the commencement
of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in
relation to land to which this Policy applies and the application has not been finally determined
before that commencement, the application must be determined as if that Policy had not commenced.
Schedule 1 Development standards for secondary dwellings

(Clause 23 (1) (g))
Part 1 Preliminary
1 Definitions
(1) In this Schedule—

ancillary development means any of the following that are associated with a secondary dwelling
and that are not exempt development under State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008—
(a) an access ramp,
(b) an awning, blind or canopy,
(c) a balcony, deck, patio, pergola, terrace or verandah that is attached to a principal or
secondary dwelling,
(d) a carport that is attached to a principal or secondary dwelling,
(e) a driveway, pathway or paving,
(f) a fence or screen,
(g) a garage that is attached to a principal or secondary dwelling,
(h) an outbuilding,
(i) a rainwater tank that is attached to a principal or secondary dwelling,
(j) a retaining wall,
(k) a swimming pool or spa pool and child-resistant barrier.
outbuilding means any of the following that are detached from a principal or secondary
dwelling—
(a) a balcony, deck, patio, pergola, terrace or verandah,
(b) a cabana, cubby house, fernery, shed, gazebo or greenhouse,
(c) a carport or garage,
(d) a rainwater tank (above ground),
(e) a shade structure.
(2) A word or expression used in this Schedule has the same meaning as it has in State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is
otherwise defined in this Schedule.
(2A) A word or expression used in this Schedule and not defined in this clause or in State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008 has the
same meaning as it has in the standard instrument (as in force immediately before the
commencement of the Standard Instrument (Local Environmental Plans) Amendment Order
2011).
(3) In calculating the area of a lot for the purposes of this Schedule, the area of the access laneway is
excluded if it is a battle-axe lot.
Part 2 Site requirements

2 Lot requirements
(1) Development for the purposes of a secondary dwelling or ancillary development may only be
carried out on a lot that—
(a) at the completion of the development will have only one principal dwelling and one
secondary dwelling, and
(b) if it is not a battle-axe lot, has a boundary with a primary road, measured at the building
line, of at least the following—
(i) 12 metres, if the lot has an area of at least 450 square metres but not more than 900
square metres,
(ii) 15 metres, if the lot has an area of more than 900 square metres but not more than 1500
square metres,
(iii) 18 metres, if the lot has an area of more than 1500 square metres, and
(c) if it is a battle-axe lot, has an access laneway of at least 3 metres in width and measuring at
least 12 metres by 12 metres, excluding the access laneway.
(2) A lot on which a new secondary dwelling is erected must have lawful access to a public road.
3 Maximum site coverage of all development
(1) The site coverage of the principal dwelling, secondary dwelling and all ancillary development on
a lot must not be more than the following—
(a) 50 per cent of the area of the lot, if the lot has an area of at least 450 square metres but not
more than 900 square metres,
(b) 40 per cent of the area of the lot, if the lot has an area of more than 900 square metres but
not more than 1500 square metres,
(c) 30 per cent of the area of the lot, if the lot has an area of more than 1500 square metres.
(2) For the purpose of calculating the site coverage in subclause (1), the area of any of the following
is not included—
(a) an access ramp,
(b) that part of an awning, blind or canopy that is outside the outer wall of a building,
(c) a balcony, deck, patio, pergola, terrace or verandah attached to the principal or secondary
dwelling that is not enclosed by a wall higher than 1.4 metres above the floor level,
(d) an eave,
(e) a driveway,
(f) a farm building,
(g) a fence or screen,
(h) a pathway or paving,
(i) a rainwater tank that is attached to the principal or secondary dwelling,
(j) a swimming pool or spa pool.
4 Maximum floor area for principal and secondary dwelling
(1) The floor area of a secondary dwelling (excluding any ancillary development) must not be more
than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling
on the land under another environmental planning instrument, that greater floor area.
(2) The floor area of a principal dwelling, secondary dwelling and any carport, garage, balcony,
deck, patio, pergola, terrace or verandah attached to either dwelling and enclosed by a wall
(other than the external wall of a dwelling) higher than 1.4 metres above the floor level on a lot
must not be more than the following—
(a) 330 square metres, if the lot has an area of at least 450 square metres but not more than 600
square metres,
(b) 380 square metres, if the lot has an area of more than 600 square metres but not more than
900 square metres,
(c) 430 square metres, if the lot has an area of more than 900 square metres.
(3) For the purpose of calculating the floor area in subclause (2)—
floor area means the sum of the areas of each storey of each principal dwelling or secondary
dwelling and each carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured
at a height of 1.4 metres above each floor level, where the area is taken to be the area within the
outer face of—
(a) the external walls of the principal dwelling or secondary dwelling, and
(b) the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,
but excluding any of the following—

(c) any part of an awning, blind or canopy that is outside the outer wall of a building,
(d) an eave,
(e) a lift shaft,
(f) a stairway,
(g) a void above a lower storey.
5 Setbacks and maximum floor area for balconies, decks, patios, terraces and verandahs
(1) The total floor area of all balconies, decks, patios, terraces and verandahs on a lot must not be
more than 12 square metres if—
(a) any part of the structure is within 6 metres from a side, or the rear, boundary, and
(b) the structure has any point of its finished floor level more than 2 metres above ground level
(existing).
(2) The balcony, deck, patio, terrace or verandah must not have any point of its finished floor
level—
(a) if it is located within 3 metres of a side, or the rear, boundary—more than 2 metres above
ground level (existing), or
(b) if it is located more than 3 metres but not more than 6 metres from a side, or the rear,
boundary—more than 3 metres above ground level (existing), or
(c) if it is located more than 6 metres from a side, or the rear, boundary—more than 4 metres
above ground level (existing).
(3) A detached deck, patio or terrace (including any alterations or additions to the deck, patio or
terrace) must not have a floor level that is more than 600 millimetres above ground level
(existing).
Note. Development identified in this clause may require privacy screens under clause 15.
Part 3 Building heights and setbacks

6 Building height
(1) Development for the purposes of a secondary dwelling or ancillary development must not result
in a new building or a new part of an existing building having a building height above ground
level (existing) of more than 8.5 metres.
(2) Development for the purposes of ancillary development must not result in a new building or a
new part of an existing building having a building height above ground level (existing) of more
than—
(a) if an outbuilding—4.8 metres, or
(b) if a fence—1.8 metres.
7 Setbacks from roads, other than classified roads
(1) Development for the purpose of a secondary dwelling or ancillary development on a lot must
result in a new building or a new part of an existing building having a setback from a primary
road that is not a classified road of at least—
(a) the average distance of the setbacks of the nearest 2 dwelling houses having the same
primary road boundary and located within 40 metres of the lot on which the principal
dwelling is erected, or
(b) if 2 dwelling houses are not located within 40 metres of the lot—
(i) in the case of a lot that has an area of at least 450 square metres but not more than 900
square metres—4.5 metres, or
(ii) in the case of a lot that has an area of more than 900 square metres but not more than
1,500 square metres—6.5 metres, or
(iii) in the case of a lot that has an area of more than 1,500 square metres—10 metres.
(2) Development for the purpose of a secondary dwelling or ancillary development on a lot must
result in a new building or a new part of an existing building having a setback from a boundary
of the lot with a parallel road that is not a classified road of at least 3 metres.
(3) Development for the purpose of a secondary dwelling or ancillary development on a corner lot
must result in a new building or a new part of an existing building on the lot having a setback
from the boundary with a secondary road that is not a classified road of at least—
(a) if the lot has an area of at least 450 square metres but not more than 600 square metres—2
metres, or
(b) if the lot has an area of more than 600 square metres but not more than 1,500 square metres
3 metres, or
(c) if the lot has an area of more than 1500 square metres—5 metres.
(4) For the purposes of this clause, if a lot is a corner lot—

(a) one of the boundaries that is 6m or more in length is taken to be a boundary with a primary
road, and
(b) the other boundaries are taken to be boundaries with a secondary road.
(5) For the purposes of this clause, if a lot has contiguous boundaries with a road or roads but is not
a corner lot, the lot is taken to have a boundary only with a primary road.
8 Setbacks from classified roads
Development for the purposes of a secondary dwelling or ancillary development must not result in a
new building or a new part of an existing building having a setback from a boundary with a classified
road of less than—
(a) if another environmental planning instrument applying to the lot establishes a setback for a
dwelling house having a boundary with a classified road, that distance, or
(b) 9 metres in any other case.
9 Setbacks from side boundaries
in a new building or a new part of an existing building or any new carport, garage, balcony,
deck, patio, pergola, terrace or verandah having a setback from a side boundary of less than the
following—
(a) 0.9 metres, if the lot has an area of at least 450 square metres but not more than 900 square
metres,
(b) 1.5 metres, if the lot has an area of more than 900 square metres but not more than 1500
square metres,
(c) 2.5 metres, if the lot has an area of more than 1500 square metres.
(2) Development for the purposes of a secondary dwelling or ancillary development that involves
the construction of a new building or additions to an existing building where the new or existing
building will, at the end of the development, have a building height at any part of more than 3.8
metres must not result in the new building or any new part of the existing building or any new
carport, garage, balcony, deck, patio, pergola, terrace or verandah, having a setback from a side
boundary of less than the sum of—
(a) the amount of the setback specified for the relevant sized lot in subclause (1), and
(b) an amount that is equal to one-quarter of the additional building height above 3.8 metres.
10 Setbacks from rear boundaries
in a new building or a new part of an existing building or any new carport, garage, balcony,
deck, patio, pergola, terrace or verandah having a setback from a rear boundary of less than the
following—
(a) 3 metres, if the lot has an area of at least 450 square metres but not more than 900 square
metres,
(b) 5 metres, if the lot has an area of more than 900 square metres but not more than 1500
square metres,
(c) 10 metres, if the lot has an area of more than 1500 square metres.
(2) Development for the purposes of a secondary dwelling or ancillary development that involves
the construction of a new building or additions to an existing building where the new or existing
building will, at the end of the development, have a building height at any part of more than 3.8
metres must not result in the new building or any new part of the existing building or any new
carport, garage, balcony, deck, patio, pergola, terrace or verandah, having a setback from a rear
boundary of less than the sum of—
(a) 3 metres, plus an amount that is equal to three times the additional building height above 3.8
metres, up to a maximum setback of 8 metres, if the lot has an area of at least 450 square
metres but less than 900 square metres, or
(b) 5 metres, plus an amount that is equal to three times the additional building height above 3.8
metres, up to a maximum setback of 12 metres, if the lot has an area of at least 900 square
metres but less than 1500 square metres, or
(c) 10 metres, plus an amount that is equal to three times the additional building height above
3.8 metres, up to a maximum of 15 metres, if the lot has an area of at least 1500 square
metres.
(3) Despite subclauses (1) and (2), a dwelling on a lot that has a rear boundary with a laneway may
have a building line that abuts that boundary for up to 50 per cent of the length of that boundary.
11 Exceptions to setbacks
Despite any other clause in this Part—

(a) development for the purposes of a secondary dwelling must not result in a new building or a new
part of an existing building having a setback of less than 3 metres from a boundary with a public
reserve, and
(b) side and rear setbacks do not apply to—

(i) any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any
rainwater tank greater than 1.8 metres in height or any other structure associated with the
provision of a utility service if it is located at least 450 millimetres from the relevant
boundary, and
(ii) any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, pathway
or paving if it is located within any required setback area to the relevant boundary, and
(c) the setback from a road does not apply to—

(i) a driveway, fence, pathway, paving or retaining wall, or
(ii) the articulation zone and any building element that is permitted within that zone, and
(d) the setback from a rear boundary required by clause 10 of this Schedule does not apply to a lot
that has only 3 boundaries, disregarding any boundary of an access lane if the lot is a battle-axe
lot.
12 Calculating setbacks
(1) For the purpose of determining the nearest 2 dwelling houses in clause 7 of this Schedule, a
dwelling house located on a battle-axe lot is to be disregarded.
(2) For the purpose of calculating the setback of the nearest 2 dwelling houses in clause 7 of this
Schedule—
(a) any ancillary development is not to be included, and
(b) any building element within the articulation zone is not to be included.
(3) For the purpose of calculating the setbacks for a battle-axe lot, the setback on the opposite side
of the lot to the rear setback is taken to be a side setback.
(4) For the purpose of calculating a side or rear setback, the maximum building height of a dwelling
on a sloping lot is to be used.
(5) A setback is to be calculated at the closest point to the boundary from the building line.
13 Building articulation
(1) Development for the purpose of a secondary dwelling (other than development on a battle-axe
lot) must result in either the principal dwelling or the secondary dwelling having a front door
and a window to a habitable room in the building wall that faces a primary road.
(2) Development for the purpose of a secondary dwelling (other than development on a battle-axe
lot) must result in either the principal dwelling or the secondary dwelling having a window to a
habitable room in the building wall that faces a parallel road.
(3) A secondary dwelling, other than a secondary dwelling that has a setback from a primary road of
less than 3 metres, may incorporate an articulation zone that extends from the building line to a
distance of 1.5 metres into the required setback from the primary road.
(4) Development for the purpose of a secondary dwelling on a corner lot must result in either the
principal dwelling or the secondary dwelling having a window in a habitable room that is at least
1m2 in area and that faces and is visible from a secondary road.
14 Building elements within the articulation zone to a primary road
(1) The following building elements are permitted in an articulation zone in the setback from a
primary road—
(a) an entry feature or portico,
(b) a balcony, deck, patio, pergola, terrace or verandah,
(c) a window box treatment,
(d) a bay window or similar feature,
(e) an awning or other feature over a window,
(f) a sun shading feature.
(2) A building element must not extend above the eave gutter line, other than a pitched roof to an
entry feature or portico that has the same pitch as the roof on the building.
(3) The maximum total area of all building elements within the articulation zone, other than a
building element listed in subclause (1) (e) or (f), must not be more than 25% of the area of the
articulation zone.
15 Privacy
(1) A window in a new secondary dwelling, or a new window in any alteration or addition to an
existing principal dwelling for the purpose of a new secondary dwelling, must have a privacy
screen for any part of the window that is less than 1.5 metres above the finished floor level if—
(a) the window—
(i) is in a habitable room that has a finished floor level that is more than 1 metre above
ground level (existing), and
(ii) has a sill height that is less than 1.5 metres above that floor level, and
(iii) faces a side or rear boundary and is less than 3 metres from that boundary, or
(b) the window—

(i) is in a habitable room that has a finished floor level that is more than 3 metres above
(iii) faces a side or rear boundary and is at least 3 metres, but no more than 6 metres, from
that boundary.
(2) Subclause (1) does not apply to a window located in a bedroom where the window has an area of
not more than 2 square metres.
(3) A new balcony, deck, patio, terrace or verandah for the purpose of a new secondary dwelling and
any alteration to an existing balcony, deck, patio, terrace or verandah of a secondary dwelling
that has a floor area of more than 3 square metres must have a privacy screen if the balcony,
deck, patio, terrace or verandah is—
(a) within 3 metres of a side or rear boundary and has a floor level that is more than 1 metre
above ground level (existing), or
(b) between 3 metres and 6 metres of a side or rear boundary and has a floor level that is more
than 2 metres above ground level (existing).
(4) Any privacy screen required under subclause (3) must be installed—
(a) to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the
balcony, deck, patio, terrace or verandah, and
(b) at the edge of that part of the development that is within the areas specified in subclause (3)
(a) or (b) and is parallel to or faces towards the relevant side or rear boundary.
Part 4 Landscaping
16 Landscaped area
(1) A lot on which development for the purposes of a secondary dwelling or ancillary development
is carried out must have a landscaped area of at least the following—
(a) 20 per cent, if the lot has an area of at least 450 square metres but not more than 600 square
metres,
(b) 25 per cent, if the lot has an area of more than 600 square metres but not more than 900
square metres,
(c) 35 per cent, if the lot has an area of more than 900 square metres but not more than 1500
square metres,
(d) 45 per cent, if the lot has an area of more than 1500 square metres.
(2) At least 50 per cent of the landscaped area must be located behind the building line to the
primary road boundary.
(3) The landscaped area must be at least 2.5 metres wide.
17 Principal private open space
(1) A lot on which development for the purposes of a secondary dwelling is carried out must have
more than 24 square metres of principal private open space.
(1A) The principal private open space may be shared by both the principal dwelling and secondary
dwelling and may be in the form of a balcony or deck.
(2) In this clause, principal private open space means an area that—
(a) is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and
(b) is more than 4 metres wide, and
(c) is not steeper than 1:50 gradient.

Note. There is no requirement that additional parking spaces be provided in respect of development for the purposes of a
secondary dwelling.
Part 5 Earthworks and drainage

18 Earthworks, retaining walls and structural support
(1) Excavation Excavation for the purposes of a secondary dwelling or ancillary development must
not exceed a maximum depth, measured from ground level (existing), of—
(a) if located not more than 1m from any boundary—1m, and
(b) if located more than 1m but not more than 1.5m from any boundary—2m, and
(c) if located more than 1.5m from any boundary—3m.
(2) Despite subclause (1), the excavation must not exceed a maximum depth, measured from ground
level (existing), of 1m if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is
within 40m of a waterbody (natural).
(3) Fill Fill must not exceed a maximum height, measured from ground level (existing), of—
(a) if the fill is for the purposes of a secondary dwelling—1m, and
(b) if the fill is for the purposes of ancillary development—600mm.
(4) Despite subclause (3), the height of fill contained wholly within the footprint of a secondary
dwelling or ancillary development is not limited.
(5) Fill that is higher than 150mm above ground level (existing) and is not contained wholly within
the footprint of a secondary dwelling or ancillary development is limited to 50% of the
landscaped area of the lot.
(6) The ground level (finished) of the fill must not be used to measure the height of any secondary
dwelling or ancillary development under this code.
(7) Retaining walls and structural supports Support for earthworks more than 600mm above or
below ground level (existing) must take the form of a retaining wall or other structural support
that—
(a) a professional engineer has certified is structurally sound, including the ability to withstand
the forces of lateral soil load, and
(b) has been designed so as not to redirect the flow of any surface water or ground water, or
cause sediment to be transported, onto an adjoining property, and
(c) has adequate drainage lines connected to the stormwater drainage system for the site, and
(d) does not result in a retaining wall or structural support with a total height measured
vertically from the base of the retaining wall or structural support to its uppermost portion
that is more than the height of the associated excavation or fill, and
(e) is separated from any other retaining wall or structural support on the site by at least 2m,
measured horizontally, and
(f) has been installed in accordance with any manufacturer’s specifications, and
(g) if it is an embankment or batter—must have its toe or top more than 1m from any side or
rear boundary.
Note. Fill and excavation that is not associated with a building may be exempt development under clauses 2.29
and 2.30 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
19, 20 (Repealed)
21 Drainage
(1) All stormwater collecting as a result of development for the purposes of a secondary dwelling or
ancillary development must be conveyed by a gravity fed or charged system to—
(a) a public drainage system, or
(b) an inter-allotment drainage system, or
(c) an on-site disposal system.
(2) All stormwater drainage systems within a lot and the connection to a public or an inter-allotment
drainage system must—
(a) if an approval is required under section 68 of the Local Government Act 1993, be approved
under that Act, or
(b) if an approval is not required under section 68 of the Local Government Act 1993, comply
with any requirements for the disposal of stormwater drainage contained in a development
control plan that is applicable to the land.
22 Setbacks of secondary dwellings and ancillary development from a protected tree
(1) Development for the purpose of a secondary dwelling, all ancillary development and any
associated excavation on a lot, must have a setback from any protected tree on the lot of at least
3 metres.
(2) Despite subclause (1), the following ancillary development is permitted within that setback if the
development does not require a cut or fill of more than 0.15 metres below or above ground level
(existing)—
(a) an access ramp,
(b) a driveway, pathway or paving,
(c) an awning, blind or canopy,
(d) a fence, screen or child-resistant barrier associated with a swimming pool or spa pool.

protected tree means a tree that requires a separate permit or development consent for pruning
or removal, but does not include a tree that may be removed without development consent under
this Policy.
Note. A separate permit or development consent may be required if the branches or roots of a protected tree
on the lot or on adjoining land are required to be pruned or removed.
Schedule 2 Complying development—group homes

(Clause 45 (2))
1 Definitions
(1) In this Schedule—

ancillary development means any of the following that are not exempt development under State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008—
(a) an access ramp,
(b) an awning, blind or canopy,
(c) a balcony, deck, patio, pergola, terrace or verandah that is attached to a group home,
(d) a carport that is attached to a group home,
(e) a driveway, pathway or paving,
(g) a garage that is attached to a group home,
(h) an outbuilding,
(i) a rainwater tank that is attached to a group home,
(j) a retaining wall,
(k) a swimming pool or spa pool and child-resistant barrier.
outbuilding means any of the following that are detached from a group home—
(a) a balcony, deck, patio, pergola, terrace or verandah,
(b) a cabana, cubby house, fernery, shed, gazebo or greenhouse,
(c) a carport or garage,
(d) a rainwater tank (above ground),
(e) a shade structure.
(2) A word or expression used in this Schedule has the same meaning as it has in State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is
otherwise defined in this Schedule.
(3) A word or expression used in this Schedule and not defined in this clause or in State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008 has the
same meaning as it has in the standard instrument (as in force immediately before the
commencement of the Standard Instrument (Local Environmental Plans) Amendment Order
2011).
2 Site requirements
Development may only be carried out on a site that—

(a) has an area of at least 450 square metres (excluding the area of the access laneway if it is a
battle-axe lot), and
(b) has a boundary with, or lawful access to, a public road, and
(c) if it is not a battle-axe lot, has a boundary with a primary road of at least 12 metres, and
(d) if it is a battle-axe lot, has an access laneway of at least 3 metres in width, and
(e) has at least one area on the site that measures at least 12 metres by 12 metres (excluding the
access laneway if it is a battle-axe lot).
2A Site requirements for group homes in certain zones
(1) Development that is the erection of a group home may only be carried out on a lot—
(a) in Zone R5 Large Lot Residential, or
(b) if the lot has an area of at least 4,000m2—in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone
RU6 Transition.
(2) Despite subclause (1), development that is the erection of one or more group homes must not be
carried out on a lot if the size of the lot is less than the minimum lot size for the erection of a
dwelling house under the environmental planning instrument applying to the lot.
3 Maximum site coverage of all development
(1) The group home and all ancillary development must not cover more than 70 per cent of the site
area.
(2) For the purpose of calculating the site coverage in subclause (1), the area of any of the following
is not included—
(a) an access ramp,
(b) any part of an awning, blind or canopy that is outside the outer wall of a building,
(c) a balcony, deck, patio, pergola, terrace or verandah attached to the group home that is not
enclosed by a wall higher than 1.4 metres above the floor level,
(d) an eave,
(e) a driveway,
(g) a pathway or paving,
(h) a rainwater tank that is attached to the group home,
(i) a swimming pool or spa pool.
4 Building height
Any building used for the purposes of a group home must not have a building height of more than
8.5 metres above ground level (existing).
5 Setbacks from roads other than classified roads
(1) A group home and all ancillary development on a site must have a setback from the boundary
with a primary road that is not a classified road of at least—
(a) the average distance of the setbacks of the nearest 2 group homes or dwelling houses having
the same primary road boundary and located within 40 metres of the site on which the
group home is erected, or
(b) in any case where 2 group homes or dwelling houses are not located within 40 metres of the
site—4.5 metres.
(2) A group home and all ancillary development on a site must have a setback from the boundary
with a secondary road that is not a classified road of at least 2 metres.
(3) A group home and all ancillary development on a site must have a setback from a boundary with
a parallel road that is not a classified road of at least—
(a) the average distance of the setbacks of the nearest 2 group homes or dwelling houses having
the same parallel road boundary and located within 40 metres of the site on which the group
home is erected, or
(b) in any case where 2 group homes or dwelling houses are not located within 40 metres of the
site—4.5 metres.
6 Setbacks from classified roads
A group home and all ancillary development on a site must have a setback from a boundary with a
classified road of at least—
(a) if another environmental planning instrument applying to the land establishes a setback for a
group home or dwelling house having a boundary with a classified road—that distance, or
(b) 9 metres in any other case.
7 Building articulation
A group home, other than a group home on a battle-axe lot, must have—
(a) a front door and a window to a habitable room in a building wall that faces, and is visible from,
any primary road, and
(b) a window to a habitable room in a building wall that faces, and is visible from, any parallel road,
and
(c) a window (with an area of at least 1m2) to a habitable room in a building wall that faces, and is
visible from, any secondary road.
8 Articulation zones
(1) A group home that has a setback from a primary road of 3 metres or more is taken to incorporate
an articulation zone that extends from the building line to a distance of 1.5 metres into the
required setback from the primary road.
(2) The following building elements are permitted in an articulation zone—

(a) an entry feature or portico,
(b) a balcony, deck, patio, pergola, terrace or verandah,
(c) a window box,
(d) a bay window or similar feature,
(e) an awning or other feature over a window,
(f) a sun shading feature.
(3) A building element must not extend above the eave gutter line, other than a pitched roof to an
entry feature or portico that has the same pitch as the roof on the group home.
(4) The maximum total area of all building elements within the articulation zone, other than a
building element listed in subclause (2) (e) or (f), must not be more than 25% of the area of the
articulation zone.
9 Side and rear boundary setbacks
(1) A group home and all ancillary development on a site must have a setback from the side
boundary of at least the following—
(a) in relation to a group home with a building height of up to 3.8 metres—0.9 metres,
(b) in relation to a group home with a building height greater than 3.8 metres—0.9 metres plus
0.25 per cent of the additional building height above 3.8 metres.
(2) A group home and all ancillary development on a site must have a setback from the rear
boundary of at least the following—
(a) in relation to a group home or ancillary development with a building height of up to 3.8
metres—0.9 metres,
(b) in relation to a group home or ancillary development with a building height greater than 3.8
metres—3 metres plus an amount that is 3 times the additional building height above 3.8
metres, up to a maximum setback of 8 metres.
(3) Despite subclauses (1) and (2), a group home on a site that has a rear boundary with a laneway
may have a building line that abuts that boundary for up to 50 per cent of the length of that
boundary.
10 Calculating setbacks
(1) For the purpose of determining the nearest 2 dwelling houses in clause 5, a dwelling house or
group home located on a battle-axe lot is to be disregarded.
(2) For the purpose of calculating the setback of the nearest 2 dwelling houses in clause 5—
(a) any ancillary development is not to be included, and
(b) any building element within the articulation zone is not to be included.
(3) For the purpose of calculating setbacks for a battle-axe lot, the setback on the opposite side of
the lot to the rear setback is taken to be a side setback.
(4) For the purpose of calculating a side or rear setback, the maximum building height of a group
home on a sloping site is to be used.
(5) A setback is to be calculated at the closest point to the boundary from the building line.
(6) For the purpose of calculating the setback from a road, a reference to ancillary development does
not include the following—
(a) a driveway, pathway or paving,
(b) an eave,
(c) a fence or screen,
(d) a retaining wall,
(e) any ancillary development that is a building element that is permitted in the articulation
zone.
11 Exceptions to setbacks
Despite any other clause in this Schedule—

(a) a group home or any attached ancillary development must have a setback of at least 3 metres
from a boundary with a public reserve, and
(b) side and rear setbacks do not apply to—

(i) any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any
rainwater tank greater than 1.8 metres in height or any other structure associated with the
provision of a utility service if it is located at least 450 millimetres from the relevant
boundary, and
(ii) any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, pathway
or paving if it is located within any required setback area to the relevant boundary, and
(c) the setback from a road does not apply to—

(i) a driveway, fence, pathway, paving or retaining wall, or
(ii) the articulation zone and any building element that is permitted within that zone, and
(d) the setback from a rear boundary required by clause 9 of Schedule 2 of this Policy does not apply
to a lot that has only 3 boundaries, disregarding any boundary of an access lane if the lot is a
battle-axe lot.
12 Building separation
The distance between buildings that are used for the purposes of group homes on a site must be at
least 1.8 metres.
13 Privacy
(1) A window in a new group home, or a new window in any alteration or addition to an existing
group home, must have a privacy screen for any part of the window that is less than 1.5 metres
above the finished floor level if—
(a) the window—
(i) is in a habitable room that has a finished floor level that is more than 1 metre above
(iii) faces a side or rear boundary and is less than 3 metres from that boundary, or
(b) the window—

(i) is in a habitable room that has a finished floor level that is more than 3 metres above
(iii) faces a side or rear boundary and is at least 3 metres, but no more than 6 metres, from
that boundary.
(2) Subclause (1) does not apply to a window located in a bedroom if the window has an area of not
more than 2m2.
(3) A new balcony, deck, patio, terrace or verandah for the purpose of a new group home and any
alteration to an existing balcony, deck, patio, terrace or verandah of a group home that has a
floor area of more than 3 square metres must have a privacy screen if the balcony, deck, patio,
terrace or verandah is—
(a) within 3 metres of a side or rear boundary and has a floor level that is more than 1 metre
above ground level (existing), or
(b) between 3 metres and 6 metres of a side or rear boundary and has a floor level that is more
than 2 metres above ground level (existing).
(4) Any privacy screen required under subclause (3) must be installed—
(a) to a height of at least 1.7 metres, but not more than 2.2 metres, above the finished floor level
of the balcony, deck, patio, terrace or verandah, and
(b) at the edge of that part of the development that is within the areas specified in subclause (3)
(a) or (b) and is parallel to or faces towards the relevant side or rear boundary.
14 Landscaped area
(1) At least 20 per cent of the site area on which the erection of, or alterations or additions to, a
group home or ancillary development is carried out must be a landscaped area.
(2) At least 50 per cent of the landscaped area must be located behind the building line to the
primary road boundary.
(3) The landscaped area must be more than 2.5 metres wide.
15 Principal private open space
A site on which a group home is erected must have more than 24 square metres of principal private
open space that—
(a) has an area at ground level (existing) that is directly accessible from, and adjacent to, a habitable
room, other than a bedroom, and
(b) is at least 4 metres wide, and
(c) has a gradient that is no steeper than 1:50.
16 Requirement to provide car parking
(1) At least 2 off-street car parking spaces must be provided on the site on which a group home is
erected.
(2) At least 2 off-street car parking spaces must be retained on a site on which alterations or
additions to an existing off-street car parking space are carried out.
(3) A car parking space under this clause may be an open hard stand space or a carport or garage,
whether attached or detached from the group home.
17 Garage, carport and parking spaces
(1) A garage, carport or car parking space must be no more than 1 metre forward of the front
building setback.
(2) If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total
width of all those door openings must—
(a) be not more than 6 metres, and
(b) be not more than 50 per cent of the width of the building, measured at the building line to
the relevant property boundary.
(3) An open hard stand car parking space must measure at least 2.6 metres wide by 5.4 metres long.
18 Vehicle access
The design and construction of the vehicular access to a site must comply with Australian Standard
AS 2890.1—1993, Parking facilities—Off-street car parking.
19 Earthworks, retaining walls and structural support
(1) Excavation Excavation carried out as development for the purpose of a group home under this
Policy must be structurally supported in accordance with the requirements specified in
subclauses (5) and (6) and must not exceed a maximum depth measured from ground level
(existing) of—
(a) if located within 1 metre from a boundary—1metre, or
(b) if located more than 1 metre but not more than 1.5 metres from a boundary—2 metres, or
(c) if located more than 1.5 metres from a boundary—3 metres.
(2) Despite subclause (1), the excavation must not be more than 1 metre below ground level
(existing) if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40
metres of a waterbody (natural).
(3) Fill Fill carried out as development for the purpose of a group home under this Policy must—
(a) not exceed 1 metre above ground level (existing), and
(b) be contained in accordance with subclauses (5) and (6) by either—

(i) a retaining wall or other form of structural support that does not extend more than 1.5
metres from any external wall of the dwelling, or
(ii) an unprotected sloping embankment or batter, that does not extend from the dwelling
house by more than 3 metres, in which case the toe of the embankment or batter must
be more than 1m away from a side or rear boundary.
(4) The final ground level (finished) of fill placed on a site under this clause must not be used for the
purpose of measuring the height of any development erected under this Policy.
(5) Retaining walls and structural support Support for earthworks that are more than 600mm above
or below ground level (existing) and within 1m of any boundary, or more than 1m above or
below ground level (existing) in any other location, must take the form of a retaining wall or
other form of structural support that—
(a) has been certified by a professional engineer, and
(b) has adequate drainage lines connected to the existing stormwater drainage system for the
site, and
(c) does not result in any retaining wall or structural support with a total height measured
vertically from the base of the retaining wall or structural support to its uppermost portion
that is—
(i) more than 1m in height and within 1m from a side or rear boundary, or
(ii) more than 3m in height in any other location.
(6) Any excavation or fill that exceeds 600mm above or below ground level (existing) requires a
retaining wall or structural support that must be—
(a) constructed in accordance with subclause (5), and
(b) designed so as not to redirect the flow of any surface water or ground water, or cause
sediment to be transported, onto an adjoining property, and
(c) separated from any retaining wall or other structural support on the site by at least 2m,
measured horizontally, and
(d) installed in accordance with any manufacturer’s specification.

Note. Fill and excavation that is not associated with a building may be exempt development. See clauses 2.29 and
2.30 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
20 Fill of sloping sites
(1) Fill associated with the erection of, or alterations or additions to, a group home or ancillary
development must—
(a) be not more than 1 metre above ground level (existing), and
(b) be contained wholly within the external walls of the group home or ancillary development.
(2) Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the
group home or ancillary development has a setback of more than 2 metres from a side or rear
boundary, if—
(a) the fill is not more than 0.6 metres above ground level (existing), and
(b) the fill (but not the embankment) does not extend more than 1 metre beyond an external
wall of the group home or detached ancillary development, and
(c) the toe of the unprotected embankment has a setback of at least 0.4 metres from a side or
rear boundary.
21 Drainage
(1) All stormwater collecting as a result of the erection of, or alterations or additions to, a group
home or ancillary development must be conveyed by a gravity fed or charged system to—
(a) a street drainage system under the control of the relevant public authority, or
(b) an inter-allotment drainage system, or
(c) an on-site disposal system approved under section 68 of the Local Government Act 1993, if
the site is unsewered.
(2) All surface water run-off emanating from a sloping site as a result of the erection of, or
alterations or additions to, a group home or ancillary development must be collected and
conveyed to a drainage system listed in subclause (1).
22 Demolition or removal of buildings
(1) An existing group home, dwelling house or ancillary development that is to be demolished or
relocated must—
(a) be disconnected from any essential service in accordance with the requirements of the
relevant authority, and
(b) not be relocated, except in accordance with the approval of the relevant authority.
(2) Demolition or removal must not involve the removal or pruning of a tree or other vegetation that
requires a permit or development consent for removal or pruning, unless that removal or pruning
is undertaken in accordance with a permit or development consent.
23 Swimming pools
(1) Ancillary development comprising a swimming pool for private use must be located—
(a) behind the setback from any road boundary, or
(b) in the rear yard area.
(2) The swimming pool water line must have a setback of at least 1 metre from a side or rear
boundary.
(3) Decking around a swimming pool must not be more than 0.6 metres above ground level
(existing).
(4) Coping around a swimming pool must not be more than—

(a) 1.4 metres above ground level (existing), or
(b) 0.3 metres wide if the coping is more than 0.6 metres above ground level (existing).
(5) Water from a swimming pool must be discharged in accordance with an approval under the
Local Government Act 1993 if the site is not connected to a sewer main.
Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the
Swimming Pools Act 1992.
24 Fences
(1) Ancillary development comprising a fence must be constructed so as not to prevent natural flow
of stormwater drainage or run-off.
(2) The height of a boundary fence in a residential zone must not exceed—
(a) in the case of development within the boundaries of an existing group home—2.1 metres
above ground level (existing) if the fence is behind the front building line and 1.2 metres
above ground level (existing) if the fence is on or forward of that line, and
(b) in any other case—1.8 metres above ground level (existing) if the fence is behind the front
building line and 1.2 metres above ground level (existing) if the fence is on or forward of
that line.
(3) A fence must not include masonry construction to a height of more than 0.9 metres above ground
level (existing).
25 Access ramps
(1) The gradient of any access ramp must not be steeper than 1:14.
(2) An access ramp must be constructed so as to comply with Australian Standard AS

1428.1—2001, Design for access and mobility—General requirements for access—New building
work.
(3) An access ramp must not create a traffic or pedestrian hazard.
26 Setbacks of group homes and ancillary development from a protected tree
(1) Development for the purpose of a group home, all ancillary development and any associated
excavation on a lot, must have a setback from any protected tree on the lot of at least 3 metres.
(2) Despite subclause (1), the following ancillary development is permitted within that setback if the
development does not require a cut or fill of more than 0.15 metres below or above ground level
(existing)—
(a) an access ramp,
(b) a driveway, pathway or paving,
(c) an awning, blind or canopy,
(d) a fence, screen or child-resistant barrier associated with a swimming pool or spa pool.
Note. A separate permit or development consent may be required if the branches or roots of a protected tree
on the lot or on an adjoining lot are required to be pruned or removed.
Schedule 3 (Repealed)
Historical notes
The following abbreviations are used in the Historical notes:
Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted
Table of amending instruments

State Environmental Planning Policy (Affordable Rental Housing) 2009 (364). LW 31.7.2009. Date of commencement, Sch 3.2
[2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14 excepted, on publication on LW, cl 2 (1); date of commencement of Sch 3.2
[2]–[4], 3.3 [2]–[4] and 3.4: not in force; Sch 3.11 [2]–[4] were not commenced and were repealed by the Statute Law
(Miscellaneous Provisions) Act 2010 No 59; Sch 3.14 was not commenced and was repealed by the Statute Law (Miscellaneous
Provisions) Act 2013 No 47. This Policy has been amended as follows—
2009 (474) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Public Transport)
2009. LW 18.9.2009.
Date of commencement, on publication on LW, cl 2.
No 106 Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009.
Date of commencement of Sch 2, 8.1.2010, sec 2 (2).
2010 No 59 Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.

(656) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Additional Codes) 2010. LW 1.12.2010.
Date of commencement of Sch 4, 25.2.2011, cl 2 (1). Amended by State Environmental Planning
Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2010 (680). LW
10.12.2010. Date of commencement, on publication on LW, cl 2.
2011 (103) State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW
25.2.2011.
Date of commencement, 25.2.2011, cl 2.
(116) State Environmental Planning Policy Amendment (Site Compatibility Certificates) 2011. LW
2.3.2011.
(239) State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011. LW
20.5.2011.
(385) State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011. LW
29.7.2011.
No 62 Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011.

Date of commencement of Sch 2.33, 6.1.2012, sec 2 (1).
2012 (507) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Group Homes)
2012. LW 5.10.2012.
2013 No 47 Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013.

(Commercial and Industrial Development and Other Matters) 2013. LW 20.12.2013.
2014 (453) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Commercial and Industrial) 2014. LW 18.7.2014.
2015 (316) State Environmental Planning Policy No 65—Design Quality of Residential Flat Development
(Amendment No 3). LW 19.6.2015.
Date of commencement, 4 weeks after publication on LW, cl 2.
No 48 Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015.
Date of commencement of sec 4, assent, sec 2 (1).
2016 (310) State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016.
Date of commencement, 56 days after publication on LW, cl 2.
2017 (269) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Housing Code) 2017. LW 16.6.2017.
(Miscellaneous and Affordable Housing) 2017. LW 16.6.2017.
2018 (68) State Environmental Planning Policies Amendment (State and Regionally Significant Development
and Law Revision) 2018. LW 28.2.2018.
(242) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Parking for
Boarding Houses) 2018. LW 1.6.2018.
(505) State Environmental Planning Policy Amendment (Exempt Development—Cladding and

Decorative Work) 2018. LW 31.8.2018.
(Inland Code) 2018. LW 28.9.2018.
2019 (143) State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House
Development) 2019. LW 28.2.2019.
(621) State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Sch 2.22, 15.1.2020, cl 2(1).
(659) State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW
20.12.2019.
2020 (69) State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW
28.2.2020.
Table of amendments
Cl 4 Am 2009 No 106, Sch 2.39 [1]; 2011 (103), Sch 1.9; 2011 (239), Sch 1 [1].
Cl 5 Am 2013 (706), Sch 2.9 [1]; 2018 (68), Sch 2 [1].
Cl 6 Am 2017 (270), Sch 2 [1].
Cl 9 Am 2009 No 106, Sch 2.39 [2]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 2.22.
Cl 10 Am 2009 (474), cl 4. Subst 2011 (239), Sch 1 [2].
Cll 11, 12 Rep 2011 (239), Sch 1 [2].
Cl 13 Am 2011 (239), Sch 1 [3]–[6].
Cl 14 Am 2011 (239), Sch 1 [7]–[10].
Cl 15 Am 2015 (316), Sch 2.15.
Cl 16A Ins 2011 (239), Sch 1 [11].
Cl 21 Am 2017 (270), Sch 2 [2].
Cl 23 Am 2010 (656), Sch 4 [1]–[4]; 2011 No 62, Sch 2.33; 2013 (706), Sch 2.9 [2]–[4]; 2014 (453),
Sch 2 [1]; 2016 (310), Sch 4.28 [1]–[3]; 2017 (269), Sch 2 [1] [2]; 2018 (569), Sch 2 [1].
Cl 27 Am 2011 (239), Sch 1 [12]; 2019 (143) Sch 1 [1].
Cl 29 Am 2011 (239), Sch 1 [13]; 2018 (242), Sch 1 [1]–[3].
Cl 30 Am 2011 (239), Sch 1 [14].
Cl 30AA Ins 2019 (143) Sch 1 [2].
Cl 30A Ins 2011 (239), Sch 1 [15].
Cl 36 Am 2011 (116), Sch 1.1 [1] [2]; 2011 (385), Sch 1.1 [1] [2].
Cl 40 Am 2011 (239), Sch 1 [16]–[18].
Cl 41 Subst 2018 (505), Sch 1.1.
Cl 42 Am 2012 (507), Sch 1 [1] [2].
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Sch 2 [3]; 2018 (569), Sch 2 [2].
Part 2, Div 8 Ins 2018 (569), Sch 2 [3].
Cl 46A Ins 2018 (569), Sch 2 [3].
Cl 46B Ins 2018 (569), Sch 2 [3]. Subst 2020 (69), Sch 2.1[1].
Cll 46C, 46D Ins 2018 (569), Sch 2 [3].
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SEPP (Rental Housing-Granny Flat)

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State Environmental Planning Policy (Affordable Rental

New South Wales

Published by NSW Parliamentary Counsel’s Office on www.legislation.nsw.gov.au Page 1 of 59

New South Wales

The aims of this Policy are as follows—

(e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(1) In this Policy—

(b) when used in any other context, means development consent.

development for the purposes of a secondary dwelling—see clause 19.

social housing provider means any of the following—

(b) the Land and Housing Corporation,

(c) a registered community housing provider,

(d) the Aboriginal Housing Office,

(f) a local government authority that provides affordable housing,

(g) a not-for-profit organisation that is a direct provider of rental housing to tenants.

interpretation and application of this Policy.

5 Interpretation—references to equivalent land use zones

(2A) Despite subclause (1), in relation to land—

(3) In this clause, relevant authority means—

Note. The Act defines affordable housing as follows—

7 Land to which Policy applies

This Policy applies to the State.

8 Relationship with other environmental planning instruments

9 Suspension of covenants, agreements and instruments

(2) This clause does not apply—

Conservation Act 1995, or

Part 2 New affordable rental housing

13 Floor space ratios

14 Standards that cannot be used to refuse consent

(b) site area

(c) landscaped area

(d) deep soil zones

(e) solar access

(b) dwelling size

(ii) 50 square metres in the case of a dwelling having 1 bedroom, or

(iii) 70 square metres in the case of a dwelling having 2 bedrooms, or

(iv) 95 square metres in the case of a dwelling having 3 or more bedrooms.

16 Continued application of SEPP 65

16A Character of local area

17 Must be used for affordable housing for 10 years

Division 2 Secondary dwellings

The standard instrument defines secondary dwelling as follows—

secondary dwelling means a self-contained dwelling that—

is established in conjunction with another dwelling (the principal dwelling), and

20 Land to which Division applies

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone R5 Large Lot Residential.

21 Development to which Division applies

22 Development may be carried out with consent

(ii) the site area is at least 450 square metres,

(b) Land-based requirements

(c) Specified development

(g) Development standards

(b) Land-based requirements

(c) Specified development

(g) Development standards