April 29, 2024
New Planning Controls for Transport Oriented Development (TOD) Precincts
On Monday 29 April 2024, the Minister for Planning, Paul Scully, announced the finalisation of new planning controls under an amendment to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) for Transport Oriented Development (TOD) precincts. The new planning controls will apply within 400m of 37 stations to deliver more affordable, well-designed and well-located homes.
From 13 May 2024, development applications (DAs) can be lodged on the NSW Planning Portal for sites around 18 Station Precincts within Greater Sydney:
| Station | Local Government Area |
| Adamstown | Newcastle |
| Booragul | Lake Macquarie |
| Cardiff | Lake Macquarie |
| Corrimal | Wollongong |
| Gordon | Ku-ring-gai |
| Hamilton | Newcastle |
| Killara | Ku-ring-gai |
| Kogarah | Bayside/Georges River |
| Kotara | Newcastle |
| Lidcombe | Cumberland |
| Lindfield | Ku-ring-gai |
| Morisset | Lake Macquarie |
| Newcastle Interchange | Newcastle |
| Roseville | Ku-ring-gai |
| Teralba | Lake Macquarie |
| Turella | Bayside |
| Woy Woy | Central Coast |
| Wyong | Central Coast |
The remaining 19 stations (of the 37) will be progressively rezoned under the TOD planning reforms during 2024, with the final rezonings occurring in June 2025.
The new planning controls will be contained in ‘Chapter 5 Transport Oriented Development’ of the Housing SEPP and include:
Permissibility – Allowing residential flat buildings in residential zones and local centre zones (R1, R2, R3, R4, and E1), along with shop top housing in local centre and commercial centre zones (E1 and E2).
Building Height – A 22m height for residential flat buildings to maintain design standards, and a maximum building height of 24m for buildings containing shop top housing to accommodate a commercial ceiling height.
Floor space ratio (FSR) – A maximum FSR of 2.5:1 has been set. This allows for buildings of up to 6 storeys while providing for good design outcomes in relation to landscaping, building setbacks, privacy and open space.
Lot size and width – Introduction of a minimum lot width of 21m and no minimum lot size.
Street frontages – The inclusion of a clause which applies to local centre zones to consider active street frontages of buildings at the ground floor.
Heritage – No change to heritage clauses in local environmental plans. Applications involving heritage considerations will continue to be lodged with and assessed by Councils. Any new development needs to improve and enhance the heritage values of those locations.
Affordable Housing – A 2% mandatory affordable housing contribution, delivered on-site and in perpetuity for developments with a minimum Gross Floor Area of 2000sqm. Affordable housing must be managed by a registered community housing provider. The percentage of the affordable housing contribution will be increased over time.
Apartment design guide (ADG) – The guide will continue to be the principal guiding document for apartment development, including TOD developments.
Please get in touch if you have any questions about the new SEPP and how it may apply to any specific sites. Alternatively, for more information, please visit the NSW Department of Planning website or view the new legislation here.
