NSW Government Low and Mid-Rise Housing Policy

Land affected by the Low and Mid-Rise Housing Policy is known as the low and mid-rise housing area. In Mosman the low and mid-rise housing area is land zoned R2 Low Density Residential and R3 Medium Density Residential, located within 800 metres walking distance of the land shown shaded blue in the extracts of the Town Centres Map below:

Landowners will not be notified if their site is within the low and mid-rise housing area.

The NSW Government has created an indicative map to help people understand what areas the policy may apply to.

The indicative map does not factor in individual property constraints, and local walking networks. Landowners will need to check the requirements in the legislation or engage a professional such as a town planner or architect to understand if a site is within the low and mid-rise housing area.

The NSW Government indicative map can be accessed here.

Yes. Land identified as bushfire prone land, coastal wetlands, littoral rainforest, the coastal vulnerability area and heritage items are excluded. Importantly, the reforms do not apply within employment zones (E1 and E3 zones) nor the C4 Environmental Living zone.

Multi-dwelling housing (townhouses, terraces, and manor houses) is now permitted in the R2 Low Density Residential zone within 800m of the nominated town centres. Dual occupancy is now permitted state-wide in the R2 Low Density Residential zone. This will be a significant change for these areas as these forms of development are not permitted in the R2 zone under Council’s rules.

New controls override Council’s local environmental plan and development control plan planning controls and allow higher and denser development than is currently allowed under Council’s rules.

A summary of the new planning controls is provided below:

It is recommended that you refer to Chapter 6 of State Environmental Planning Policy (Housing) 2021 to view the low and mid-rise planning controls.

Chapter 6 of State Environmental Planning Policy (Housing) 2021 states that the low and mid-rise housing area is land within 800m walking distance of the town centre. If site amalgamation results in part of the land being greater than 800m walking distance from the town centre, then that part of the land would not be within the low and mid-rise housing area and therefore not subject to the reforms. The reforms would apply to the part of the land within 800m walking distance of the town centre.

Land that contains a heritage item is exempt from the Low and Mid-Rise Housing Policy.

Each application involving heritage impacts will be considered on a case by case basis. The existing heritage provisions contained in the local environmental plan and development control plan will continue to be considered in the assessment of development applications. Any development adjoining heritage items or within heritage conservation areas must have a design sympathetic to the heritage significance.

Council will not consider removing heritage classifications on properties in order to be included in the policy.

Council has received many queries in terms of how to calculate walking distance. The term walking distance is defined within State Environmental Planning Policy (Housing) 2021 as follows:

The shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings

Walking distance is measured from the nearest edge of the mapped town centre along a publicly accessible walking route. A key phrase within the walking distance definition is safely walked. For busy roads such as Spit Road, the walking distance route must be shown crossing at traffic lights or a designated crossing and the route must follow the NSW Road Rules.

The applicant will need to demonstrate how their land meets the walking distance requirement as part of the development application. As part of the development application assessment, Council will look at proposed walking distance routes very closely and will be guided by emerging case law in terms of what is appropriate. For some sites particularly those near the edge of the 400m/800m, it will be necessary for a surveyor to precisely calculate walking distances.

Non-discretionary development standards, also known as non-refusal standards provide consistent development standards for matters like building height, floor space ratio and lot size.

The non-discretionary standards in the Low and Mid-Rise Housing Policy apply when they are more generous than those in the local environmental plan (LEP) or development control plan (DCP). For instance, where the State Environmental Planning Policy (Housing) 2021 permits a taller building than the LEP, the Housing SEPP building height would apply. That is these controls override Mosman Council controls.

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), LEP and DCPs continue to apply and operate as normal.

No.

Each development application has to be assessed on its merits. However as mentioned above. The non-discretionary standards in the Low and Mid-Rise Housing Policy apply when they are more generous than those in the local environmental plan (LEP) or development control plan (DCP). For instance, where the State Environmental Planning Policy (Housing) 2021 permits a taller building than the LEP, the Housing SEPP building height would apply. That is - these controls override Mosman Council controls.

Views and other impacts on neighbour’s properties that previously may not have been acceptable under Mosman specific controls are acceptable under these new State Government controls.

If you have a particular development you want to pursue on your property and want advice as to whether it’s allowed and what rules apply, please contact Council’s Planning Advisor. You can access the planning advisor service in a number of ways:

1. by emailing council@mosman.nsw.gov.au
2. by phoning the planning advisor number 9978 4214
3. book an appointment to meet with Council's Planning Advisor