NSW Government Housing Reforms
In late December 2023, the State Government's Department of Planning, Housing and Infrastructure (DPHI) released two key planning documents on the state-led housing reforms.
1. Transport Oriented Development (TOD) Program
The extent of this proposed Program is contained within a document titled Transport Oriented Development Program. This Program is proposed to be implemented in two parts.
1.1 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. Crows Nest Metro Station is identified as one of the Accelerated Precincts.
The Government’s proposed changes are now on public exhibition. Council is encouraging the local community to review the draft proposal and provide feedback directly to the Department of Planning.
Feedback is accepted from today, 16 July, until Friday 16 August. Find out more about the details of the proposal and submit your feedback at the link below.
Council’s Planning team will be reviewing the proposal over the coming weeks to prepare a submission from Council. We will provide more information about Council’s submission as soon as possible.
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.
How to make a submission?
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
It is anticipated that the Low and Mid-rise Housing Reforms may come into effect sometime in July 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 here for information from the evening.
