NSW Government Housing Reforms

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In late December 2023, the State Government's Department of Planning, Housing and Infrastructure ('the Department') released two key planning documents on the state-led housing reforms.


1. Transport Oriented Development Program

The Transport Oriented Development (TOD) Program aims to deliver more housing near metro and rail stations. There are 2 parts to the TOD program:


1.1 TOD Accelerated Precinct Program

This Program involves a state-led rezoning process within 1,200m of eight (8) “Accelerated Precincts” within walking distance of priority high-growth areas near transport hubs in greater Sydney. The Crows Nest TOD is identified as one of the Accelerated Precincts.

The Government’s proposed changes were on public exhibition until 30 August 2024. Submissions received during the exhibition period are now being reviewed. The Department will release a report later in the year that outlines key themes raised during exhibition, and any changes made in response to submissions.

Council considered the Crows Nest TOD rezoning proposal at its meeting of 26 August 2024. Council resolved to make a submission to the Department that outlines 29 key moves, detailed comments and requested amendments to the proposal, and a copy of a letter from the North Sydney Access and Inclusion Committee.

You can also read Council's previous correspondence with the Department regarding a mechanism to fund essential community infrastructure for the Crows Nest accelerated TOD precinct submission and the Department's response.


1.2 TOD SEPP Program

This Program intends to implement a state-led rezoning process within 400m of 37 metro or railway stations that are claimed to have sufficient capacity to accommodate more housing. None of the identified stations are located within the North Sydney LGA. The State Government commenced the staged implementation of these reforms in May 2024.


2. Low and Mid-Rise Housing Reforms

In parallel with the TOD Program, the State Government has also released the low and mid-rise housing reforms. An explanation of this proposal is included in this link and outlines the extent of reforms being proposed to allow additional forms of low and mid-rise housing to be permitted.

The proposal seeks to increase development capacity on all land located within proximity of a “station or town centre precinct.” These precincts are to encompass the following land:

  • within 800m walking distance of a heavy rail, metro or light rail station; or
  • 800m walking distance of Commercial Centre (Zone E2) or Metropolitan Centre (Zone SP5); or
  • 800m walking distance of the Local Centre (Zone E1) or Mixed use (Zone MU1), but only if the zone contains a wide range of frequently needed goods and services such as full-line supermarkets, shops and restaurants.

Key implications arising from the reform:

Height limits of up to 6 storeys and floor space ratios of 3:1 are being proposed, which would effectively enable increased height and density overriding the Council’s local planning controls.

  • Within the station and town centre Precincts, the proposal would permit Residential Flat Buildings (up to 6 storeys) within the R3 Medium Density Residential zone (current height limit of 8.5m); and allow manor houses and multi-dwelling housing within the R2 Low Density Residential zone, which are currently prohibited under North Sydney LEP 2013.
  • Although a merit-based assessment will continue to apply to developments involving heritage items and Heritage Conservation Areas, it is understood that the proposed controls under the low and mid-rise reforms will effectively prevail over Council’s local controls.

A full assessment of the implications of the proposed reforms was considered by Council at its meeting of 12 February 2024. Council resolved to make a submission opposing to the proposed reforms and request further consideration be given to addressing a number of matters to ensure that adverse impacts on the wider community are minimised. A copy of Council's submission can be found here.

Submissions to the NSW Government for this Program closed on Friday 23 February 2024.


2.1 Refinement Paper

In response to submissions made to the draft Low and Mid-Rise Housing proposal, the DPHI released a Refinement Paper and requested Council to complete a Feedback Form to assist the DPHI in determining appropriate Station and Town Centre Precincts under the reforms. Council staff responded to this request on 15 May 2024.

Key changes under the Refinement Paper include:

  • To collaborate with councils to confirm suitable station and town centre precincts;
  • Development standards to not apply to employment zones;
  • To collaborate with councils to determine applicability to the R1 zone;
  • No change to the applicability to heritage items or conservation areas;
  • Exclude high-risk flooding lands;
  • Exclude high risk bushfire lands;
  • Exclude land subject to other high-risk hazards; and
  • Recalibration of FSR and height standards.

On 18 June 2024, Council considered a Notice of Motion at an Extraordinary meeting, due to concerns relating to Council’s response of 15 May 2024. Council resolved to prepare and submit a revised response to further articulate its endorsed position. Council's revised response was sent to the DPHI on 21 June 2024

The State Government has recently advised that the low and mid-rise housing reforms will come into effect later in 2024.


3. Community Information Evening

Council arranged a Community Information evening so that Council staff could provide an overview of the proposals and broadly how they may impact the North Sydney LGA. This event was ticketed but also recorded and made available on Council's website.

Click to view the recording.

Click here for information from the evening.


4. LEGISLATIVE ASSEMBLY SELECT COMMITTEE ON ESSENTIAL WORKER HOUSING

The NSW Government has established a Committee to inquire into and report on options for essential worker housing in the State. The Committee’s inquiry will focus on establishing an appropriate definition of essential worker housing for the NSW Government to adopt, as well as identifying options to increase housing supply for essential workers. The Committee’s terms of reference can be viewed here.

While the work of the Committee is separate from the Transport Oriented Development Program and Low and Mid-Rise Housing Reforms, there are some clear shared thematic threads (for example, the need for affordable housing and the importance of ensuring any planning response is nuanced and place-based).

Council made a submission to the Committee, outlining general matters for consideration, consistent with Council’s endorsed policy position. A copy of Council’s submission can be found here. Submissions closed on Friday 13 September 2024. The Committee is due to report their findings by 7 March 2025.

In late December 2023, the State Government's Department of Planning, Housing and Infrastructure ('the Department') released two key planning documents on the state-led housing reforms.


1. Transport Oriented Development Program

The Transport Oriented Development (TOD) Program aims to deliver more housing near metro and rail stations. There are 2 parts to the TOD program:


1.1 TOD Accelerated Precinct Program

This Program involves a state-led rezoning process within 1,200m of eight (8) “Accelerated Precincts” within walking distance of priority high-growth areas near transport hubs in greater Sydney. The Crows Nest TOD is identified as one of the Accelerated Precincts.

The Government’s proposed changes were on public exhibition until 30 August 2024. Submissions received during the exhibition period are now being reviewed. The Department will release a report later in the year that outlines key themes raised during exhibition, and any changes made in response to submissions.

Council considered the Crows Nest TOD rezoning proposal at its meeting of 26 August 2024. Council resolved to make a submission to the Department that outlines 29 key moves, detailed comments and requested amendments to the proposal, and a copy of a letter from the North Sydney Access and Inclusion Committee.

You can also read Council's previous correspondence with the Department regarding a mechanism to fund essential community infrastructure for the Crows Nest accelerated TOD precinct submission and the Department's response.


1.2 TOD SEPP Program

This Program intends to implement a state-led rezoning process within 400m of 37 metro or railway stations that are claimed to have sufficient capacity to accommodate more housing. None of the identified stations are located within the North Sydney LGA. The State Government commenced the staged implementation of these reforms in May 2024.


2. Low and Mid-Rise Housing Reforms

In parallel with the TOD Program, the State Government has also released the low and mid-rise housing reforms. An explanation of this proposal is included in this link and outlines the extent of reforms being proposed to allow additional forms of low and mid-rise housing to be permitted.

The proposal seeks to increase development capacity on all land located within proximity of a “station or town centre precinct.” These precincts are to encompass the following land:

  • within 800m walking distance of a heavy rail, metro or light rail station; or
  • 800m walking distance of Commercial Centre (Zone E2) or Metropolitan Centre (Zone SP5); or
  • 800m walking distance of the Local Centre (Zone E1) or Mixed use (Zone MU1), but only if the zone contains a wide range of frequently needed goods and services such as full-line supermarkets, shops and restaurants.

Key implications arising from the reform:

Height limits of up to 6 storeys and floor space ratios of 3:1 are being proposed, which would effectively enable increased height and density overriding the Council’s local planning controls.

  • Within the station and town centre Precincts, the proposal would permit Residential Flat Buildings (up to 6 storeys) within the R3 Medium Density Residential zone (current height limit of 8.5m); and allow manor houses and multi-dwelling housing within the R2 Low Density Residential zone, which are currently prohibited under North Sydney LEP 2013.
  • Although a merit-based assessment will continue to apply to developments involving heritage items and Heritage Conservation Areas, it is understood that the proposed controls under the low and mid-rise reforms will effectively prevail over Council’s local controls.

A full assessment of the implications of the proposed reforms was considered by Council at its meeting of 12 February 2024. Council resolved to make a submission opposing to the proposed reforms and request further consideration be given to addressing a number of matters to ensure that adverse impacts on the wider community are minimised. A copy of Council's submission can be found here.

Submissions to the NSW Government for this Program closed on Friday 23 February 2024.


2.1 Refinement Paper

In response to submissions made to the draft Low and Mid-Rise Housing proposal, the DPHI released a Refinement Paper and requested Council to complete a Feedback Form to assist the DPHI in determining appropriate Station and Town Centre Precincts under the reforms. Council staff responded to this request on 15 May 2024.

Key changes under the Refinement Paper include:

  • To collaborate with councils to confirm suitable station and town centre precincts;
  • Development standards to not apply to employment zones;
  • To collaborate with councils to determine applicability to the R1 zone;
  • No change to the applicability to heritage items or conservation areas;
  • Exclude high-risk flooding lands;
  • Exclude high risk bushfire lands;
  • Exclude land subject to other high-risk hazards; and
  • Recalibration of FSR and height standards.

On 18 June 2024, Council considered a Notice of Motion at an Extraordinary meeting, due to concerns relating to Council’s response of 15 May 2024. Council resolved to prepare and submit a revised response to further articulate its endorsed position. Council's revised response was sent to the DPHI on 21 June 2024

The State Government has recently advised that the low and mid-rise housing reforms will come into effect later in 2024.


3. Community Information Evening

Council arranged a Community Information evening so that Council staff could provide an overview of the proposals and broadly how they may impact the North Sydney LGA. This event was ticketed but also recorded and made available on Council's website.

Click to view the recording.

Click here for information from the evening.


4. LEGISLATIVE ASSEMBLY SELECT COMMITTEE ON ESSENTIAL WORKER HOUSING

The NSW Government has established a Committee to inquire into and report on options for essential worker housing in the State. The Committee’s inquiry will focus on establishing an appropriate definition of essential worker housing for the NSW Government to adopt, as well as identifying options to increase housing supply for essential workers. The Committee’s terms of reference can be viewed here.

While the work of the Committee is separate from the Transport Oriented Development Program and Low and Mid-Rise Housing Reforms, there are some clear shared thematic threads (for example, the need for affordable housing and the importance of ensuring any planning response is nuanced and place-based).

Council made a submission to the Committee, outlining general matters for consideration, consistent with Council’s endorsed policy position. A copy of Council’s submission can be found here. Submissions closed on Friday 13 September 2024. The Committee is due to report their findings by 7 March 2025.

Page last updated: 17 Sep 2024, 03:42 PM