NSW Government’s Low and Mid-Rise Housing Policy

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Summary

The NSW Government’s Low and Mid-Rise Housing (LMR) Planning Reforms are scheduled to take effect on 28 February 2025 via amendments to State Environmental Planning Policy (Housing).

These reforms, introduced by the NSW Government and NSW Department of Planning, Housing and Infrastructure (DPHI), aims to facilitate the development of dual occupancies, terraces, townhouses, and low- to mid-rise apartments, in well-located areas in strategically located areas across Sydney, the Central Coast, Illawarra, and Hunter regions.

What is Considered a Well-Located Area?

The NSW Government generally defines well-located areas as residential zones within 800 metres walking distance from town centres and train or light rail stations. Within the Burwood Local Government Area (LGA), the following locations have been identified as well-located areas:

  • Burwood Station and Town Centre – Within 800m of the CBD area
  • Croydon Station – Within 800m of the station 

The DPHI Map identifying indicative areas of the LMR application can be found at DPHI LMR Indicative Application map an extract as relevant to the Burwood LGA is provided below:

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Please note that the status of the DPHI LMR Indicative Application map, as suggested by NSW Government is ‘indicative’ at this stage. It is understood that the DPHI LMR Indicative Application map currently includes all land within the nominated 800m from walking distance from town centres and train/light rail stations, including those where exclusion criteria applies.

For full details See NSW DPHI LMP Policy Website

 

Key Provisions of the Low and Mid-Rise Housing Policy

Low-rise housing: Generally 1–2 storeys and includes dual occupancies (2 dwellings on the same lot), terraces, townhouses, and low rise apartment buildings. It does not include freestanding houses. 

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Image Source: NSW DPHI

To learn more about low rise housing, read unpacking low-rise housing.

Mid-rise housing: Generally 3–6 storey mid-rise buildings.  

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Image Source: NSW DPHI

The Low and Mid-Rise Housing Policy sets out non-discretionary development standards, also known as non-refusal standards, to provide clear standards for assessing development applications such as building heights, floor space ratio or lot size.

These standards are explained in details in the Summary of key provisions.

 

Exclusions from Low and Mid-Rise Housing Policy

Certain sites within the identified well-located areas where the LMR policy is set to apply will be excluded despite their location within well-located area due to specific constraints. Exclusion criteria include:

  • Land listed as a local or state heritage item (but not Heritage Conservation Areas).
  • Land within an activated Transit-Oriented Development area

For a comprehensive list of exclusion criteria applying to the Policy, refer to the policy exclusions page. 

Implications for Heritage Items and Conservation Areas

Under the Low and Mid-Rise Housing Policy, land identified as heritage-listed items under the Burwood Local Environmental Plan (BLEP) 2012 or state heritage-listed sites will be exempt from the policy. However, land located within Heritage Conservation Areas (HCAs) will be subject to the policy’s provisions.

When a Development Application (DA) is lodged under the new policy, Clause 5.10 of the BLEP 2012 may be triggered for developments within the vicinity of heritage-listed items. This will allow the Council or relevant Consent Authority to assess heritage impacts on a case-by-case basis.

It is important to note that Council is not always the consent authority for applications. The Local Planning Panel (LPP), Sydney District Panel, and the Land and Environment Court also play key roles in assessing and determining applications. As the policy will be implemented via a State Environmental Planning Policy (SEPP), Council cannot amend existing or introduce new planning controls that contradict SEPP provisions.

For further information on the policy and its implications, visit the NSW Department of Planning, Housing and Infrastructure website NSW DPHI LMP Policy Website

 

 

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