Low & Mid Rise (LMR) Housing Reforms

Low and mid-rise housing will fill the gap between freestanding homes and high-rise apartment buildings, so that everyone can have a choice in the type of homes they live in. The Low and Mid-Rise Housing Policy will create more capacity and allow a greater variety of homes to be built in well-located and well-serviced areas across Sydney, Central Coast, Illawarra and Hunter regions.

The policy has been implemented over 2 stages:

• Stage 1: dual occupancies and semi-detached homes permitted in all R2 low density residential zones across NSW.
• Stage 2: dual occupancies, multi dwelling housing and residential flat buildings permitted and new development standards introduced within low and mid-rise housing areas across Sydney, Central Coast, Illawarra and Hunter regions.

The policy does not apply to land affected by certain hazards or constraints (see ‘Excluded Land’ section below).

‘Semi-detached dwellings’ are side-by-side dual occupancies that have been subdivided down the middle, so each house sits on its own lot. They are often known as semis.

In the standard instrument, semi-detached dwellings are defined as:

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Low and mid-rise housing areas are the areas where most of the Low and Mid-Rise Policy applies. They are residential zones that are within 800 metres walking distance from town centres and train and light rail stations.

These areas are walkable to frequent public transport, supermarkets, shops, services and amenities. Research shows that the average ‘walkable distance’ is around 10 minutes’ or 800 metres.

You can view the indicative maps of the low and mid-rise housing areas or learn more about our site selection process. NOTE: The map is indicative only and we recommend for people to do further checks to understand if their property is within the policy area.

Get in touch with one of our team to find out if a particular site you are interested in is eligible.

The interactive map (indicative only) provides indicative walking distance catchments.

When development applications are made, they need to demonstrate that the site is within 800 metres walking distance from the nearest edge of a town centre or the entrance to one of the stations.

Walking distance will be measured from the nearest station entrance or the nearest edge of the town centre along a publicly accessible walking route. This is similar to the walking distance requirements of the Housing SEPP.

See the ‘Excluded Land‘ section below.

The Housing SEPP outlines bonus provisions allowing additional floor space and building heights for in-fill residential development that provides dedicated affordable housing. Built form bonuses of up to 30% are available for developments that provides at least 10% affordable housing, based on a proportion of affordable dwellings being provided.

The existing in-fill affordable housing bonus provisions will continue to apply to land where the Low and Mid-Rise Housing Policy applies. This means the bonus provisions will apply on top of the non-discretionary standards. This is to encourage affordable housing to be delivered in the local low and mid-rise housing areas.

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. The non-discretionary standards may overrule local environmental plan (LEP) or development control plan (DCP) standards.

The non-discretionary standards in the Low and Mid-Rise Housing Policy apply when they are more generous than those in the LEP or DCP. For instance, where the Housing Supply SEPP permits a taller building than the LEP, the Housing Supply SEPP building height would apply. However, if an LEP permits a taller building than the Housing Supply SEPP, the LEP height would apply.

If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application because it does not meet the equivalent LEP or DCP standard.

All other applicable planning controls, such as in state environmental planning policies (SEPPs), Local Environment Plans (LEPs) and Development Control Plans (DCPs) continue to apply and operate as normal.

The information provided on this webpage is sourced from the official NSW Government Department of Planning website including the following:

• Low and Mid-Rise Housing Policy;
• Low and Mid-Rise Housing Policy: Summary of key provisions;
• Low and Mid-Rise Housing Policy: Exclusions;
• Low and Mid-Rise Housing Policy: Frequently asked questions;
• Low and Mid-Rise Housing Policy: Guidance for industry, developers and councils.

Type of land excluded

Bushfire-prone land includes vegetation categories 1, 2 and 3, as well as the buffer zone. Councils produce this mapping for their Local Government Area and supply it to the NSW Rural Fire Service.

Why the land is excluded

Excluding this land helps lower the risks associated with increased density in bushfire-prone areas.

It also has environmental benefits as it means fringe areas that are environmentally sensitive and well-vegetated will not be affected by the policy.

Deciding if property is affected

The SEPP specifies the policy does not apply to bushfire-prone land.

Local councils map bushfire-prone land. This information is also identified on a planning certificate.

Bushfire-prone land mapping is available on the NSW Rural Fire Service website and is built into the NSW Planning Portal Spatial Viewer.

Type of land excluded

This land is designated in Chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021.

Why the land is excluded

When rezoning or intensifying land uses on sensitive coastal and rainforest lands, the planning system requires assessments and technical studies of various risks such as erosion and environmental impacts. Excluding this land aligns with established policy intent in NSW.

Deciding if property is affected

The SEPP specifies the policy does not apply to land identified as a coastal wetland, littoral rainforests or coastal vulnerability area, within the meaning of chapter 2 of the State Environmental Planning Policy (Resilience and Hazards). These areas are mapped in the planning instrument.

You can use the NSW Planning Portal Spatial Viewer to determine if a location is affected.

Type of land excluded

The areas are mapped under chapter 5 of the SEPP.

Why the land is excluded

The policy does not include land within a Transport Oriented Development Program area, as identified in the SEPP.

This will improve clarity in these areas by avoiding similar policy settings applying to the same land.

Deciding if property is affected

The SEPP specifies the policy does not apply to land within a Transport Oriented Development Program area, identified under chapter 5 of the SEPP.

You can use the NSW Planning Portal Spatial Viewer to determine if a location is affected.

Why the land is excluded

The Low and Mid-Rise Housing Policy will not apply to land that comprises or contains a heritage item listed in a Local Environmental Plan or the State Heritage Register. This will help to preserve important heritage items.

Deciding if property is affected

The SEPP specifies the policy does not apply to land that comprises or contains a heritage item.

You can use the NSW Planning Portal Spatial Viewer to determine if a location is affected.

Why the land is excluded

Bathurst Local Government Area has only 2 small areas of land zoned as R2 where the policy would have affected. One of these is exposed to hazardous noise levels from the Mount Panorama racetrack. The other is affected by odours from a sewerage plant.

To mitigate exposure to these hazards, the policy will maintain the current local permissibility settings, which allow for a maximum of one house per lot (a standard dwelling house).

Deciding if property is affected

The SEPP specifies the policy does not apply to land within the Bathurst Local Government Area.

Why the land is excluded

Most residential land in this Local Government Area is bushfire prone. There is also an evacuation risk present throughout the local government area due to the single highway entry and exit. Any increase in dwelling capacity within this Local Government Area requires a strategic approach and technical studies to effectively examine and manage risks.

Deciding if property is affected

The SEPP specifies the policy does not apply to land within the Blue Mountains Local Government Area.

Why the land is excluded

The Hawkesbury Nepean Valley probable maximum flood extent affects most residential land in this Local Government Area. There are also an evacuation risks to residential areas. Any increase in dwelling capacity in this Local Government Area requires a strategic approach and technical studies to ensure effective risk management.

Deciding if property is affected

The SEPP specifies the policy does not apply to land within the Hawkesbury Local Government Area.

Why the land is excluded

Most residential areas in this Local Government Area are either bushfire prone and/or flood-prone land. There are evacuation risks throughout the Local Government Area.
Any increase in dwelling capacity within this Local Government Area requires a strategic approach and technical studies to ensure risks are appropriately managed.

Deciding if property is affected

The SEPP specifies the policy does not apply to land within the Wollondilly Local Government Area.

Type of land excluded

Land affected by the probable maximum flood as identified in the Hawkesbury-Nepean River Flood Study 2024.  The probable maximum flood is the largest flood that could conceivably occur at a location as defined in the Flood Risk Management Manual, June 2023.

Why the land is excluded

The Hawkesbury-Nepean River has one of the highest-risk floodplains in Australia and was identified as high-risk in the 2022 NSW Flood Inquiry report.

In 2024, following the NSW Flood inquiry, the NSW Reconstruction Authority released the Hawkesbury-Nepean River Flood Study which provides the most comprehensive and up-to-date modelling for this river including the probable maximum flood.

Any increase to dwelling capacity in this floodplain must be strategically planned and supported by flood studies to appropriately identify and manage flood risk. It is therefore not appropriate to apply the LMR policy on this flood land.

Deciding if property is affected

The probable maximum flood of the Hawkesbury‑Nepean River only intersects with the LMR area around the Penrith town centre, no other LMR area is affected.

If the property is in the Penrith town centre LMR area, then follow these steps:

• See the interactive SES flood map. Select “Biggest flood possible” and check if the property is in the flood area.
• You can also check your council’s website for flooding maps.

If you’re unsure, ask council for flooding information for the property.

Type of land excluded

Land affected by the probable maximum flood within the Georges River catchment and in the following local government areas: Cumberland, Canterbury-Bankstown, Fairfield, Georges River, Liverpool or Sutherland.  The probable maximum flood is the largest flood that could conceivably occur at a location as defined in the Flood Risk Management Manual.

Why the land is excluded

The Georges River has one of the highest-risk floodplains in Australia and was identified as high-risk in the 2022 NSW Flood Inquiry report.

Any increase to dwelling capacity in this floodplain must be strategically planned and supported by flood studies to appropriately identify and manage flood risk. It is therefore not appropriate to apply the LMR policy on this flood land.

Deciding if property is affected

To see if the property is affected by the probable maximum flood of the Georges River, you can:

• Firstly, check if the property is in one of the affected local government areas: Cumberland, Canterbury-Bankstown, Fairfield, Georges River, Liverpool or Sutherland. If it’s not, then it’s not affected.
• If it is, see the interactive SES flood map. If the property is in the blue area, then it is affected by the probable maximum flood, so the LMR policy won’t apply.
• You can also check your council’s website for flooding maps.

If you’re unsure, ask council for flooding information for the property.

Type of land excluded

The flood planning area is defined in the NSW Government’s Flood Risk Management Manual, June 2023. It is generally the 1% annual exceedance probability plus appropriate freeboard.

Council areas affected are:

• Armidale Regional
• Ballina
• Bellingen
• Byron
• City of Cessnock
• Clarence Valley
• City of Coffs Harbour
• Dungog
• Goulburm-Mulwaree
• Kempsey
• Kyogle
• City of Lismore
• Nambucca Valley
• City of Newcastle
• Port Stephens
• Queanbeyan-Palerang
• Regional
• Richmond Valley
• City of Shoalhaven
• Singleton
• Tweed
• Upper Hunter Shire
• Walcha.

Why the land is excluded

In The 2022 NSW Flood Inquiry report identified several high-risk catchments and regions including:

• Northern Rivers region
• Wilsons
• Tweed rivers
• Macleay
• Richmond
• Hunter
• Clarence
• Shoalhaven.

In these areas, any significant increase in dwelling capacity in the flood planning area requires a strategic approach and technical studies to appropriately identify and manage risk.

Deciding if property is affected

The SEPP specifies the policy does not apply to the flood planning area within the listed Local Government Areas.

These catchments are not mapped in a State Environment Planning Instrument like the Hawkesbury Nepean Valley and Georges River catchments, which is why the corresponding Local Government Areas within those catchments/areas have been referenced in the SEPP.

The relevant council can confirm whether a property is impacted by the flood planning area. This information must be identified on a planning certificate.

Type of land excluded

The Australian Noise Exposure Forecast is a tool used to gauge noise exposure at major airports. Australian Noise Exposure Forecast contours guide land-use planning around airport sites and evaluate the impacts of aircraft noise. In addition, Australian Noise Exposure Concept contours have been mapped for the Western Sydney International Airport, which are based on indicative flight paths for some planned runways.

Relevant Local Environmental Plans and State Environmental Planning Policies, refer to these contours. Mapping is publicly available.

Why the land is excluded

The 20+ contour is considered a high level of noise exposure and generally affects land under flight landing paths nearing the runways. Additional housing density is generally discouraged in these areas to ensure the effective operation of the airport and to minimise exposure to hazardous noise levels.

Deciding if property is affected

The SEPP specifies the policy does not apply to land affected by an Australian Noise Exposure Forecast or Australian Noise Exposure Concept contour of 20 or greater.

Local and state planning authorities map land affected by aircraft noise, in conjunction with federal authorities for some airports.

Type of land excluded

High-pressure pipelines are normally large, steel pipelines that operate at high pressures to transport gas or liquids over long distances. These pipelines run beneath the ground and span thousands of kilometres around the country and within our cities and towns. High-pressure pipelines are typically constructed within well-defined easements or corridors.

Why the land is excluded

These pipelines are licensed under the Pipelines Act 1967 and operated according to Australian standards. The State Environmental Planning Policy (Transport and Infrastructure) 2021 (section 2.77) requires the proponents of new residential or infrastructure developments to evaluate the potential risks from nearby pipelines to the developments.

For this policy, any increase in dwelling capacity on land within 200 m of a high-pressure, dangerous-goods pipeline requires a strategic approach and technical studies to ensure that risks are appropriately identified and managed.

Deciding if property is affected

The SEPP specifies the policy does not apply to land within 200 m of a relevant pipeline.

Relevant pipelines are defined in section 2.77 of the State Environmental Planning Policy (Transport and Infrastructure). The relevant local council can confirm whether a property is affected.

Why the land is excluded

These areas include land within the following Deferred Transport Oriented Development stations where planning is still underway and yet to be finalised:

• Cockle Creek station
• Punchbowl station
• Wiley Park station

Deciding if property is affected

Land within 800 metres of any of these stations is excluded.

Why the land is excluded

These areas include land within Accelerated TOD Precincts where planning is still underway and yet to be finalised or alternate arrangements have been made for development under a separate planning policy.

Deciding if property is affected

Land is excluded if it is identified as “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map.

Why the land is excluded

These areas include land identified as “exclusion area” on the Low and Mid Rise Housing Exclusion Map.

Deciding if property is affected

These areas include land identified as “exclusion area” on the Low and Mid Rise Housing Exclusion Map.