Ruby Burns






NSW Minister for Planning and Public Spaces confirms the gazettal of highly anticipated Transit Oriented Development (TOD) State Environmental Planning Policy (SEPP).


The NSW Department of Planning, Housing, and Infrastructure (DPHI) has announced the amendment to the State Environmental Planning Policy (Housing) to introduce TOD Precincts within 400m of identified railway stations in Sydney and Regional NSW.

The SEPP Amendment follows strong industry support and planning reforms to address the housing crisis, promoting more housing close to train stations and major transport hubs across Greater Sydney.

The first stage of the TOD SEPP applies to 18 Station Precincts within Greater Sydney:

Adamstown – Newcastle
Booragul – 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
Wyong – Central Coast
Cardiff – Lake Macquarie
Woy Woy – Central Coast

The new planning controls come into effect from 13 May 2024, and include:

  • Permissibility – Allowing residential flat buildings in residential zones and local centre zones, along with shop top housing in local centre and commercial zones.
  • Building Height – A 22 metre 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.

More information can be found here.