The NSW Government is making changes to help ensure housing is delivered quickly in Transport Oriented Development (TOD) Accelerated Precincts. The reforms aim to ensure a consistent approach to both rezoning and assessment across the precincts.
The changes streamline development assessment by removing processes and controls that could conflict with TOD planning controls or cause delays.
An Explanation of Intended Effect (EIE) outlining the proposed changes was exhibited for public feedback between 9 July and 23 August 2024. We received 34 submissions from industry, councils, state agencies, the general public and other organisations and interest groups.
Thank you to everyone who made a submission. There was strong support for the government taking action to deliver more housing.
The policy changes include:
- a temporary state significant development (SSD) pathway until 30 November 2027 for residential development applications valued over $60 million. This will ensure a consistent approach to both rezoning and assessment across the precincts.
- height and floor space bonuses and the associated SSD pathway for in-fill affordable housing have been turned off to avoid conflict with planning controls and affordable housing requirements in TOD Accelerated Precincts.
- removing some requirements for DAs to be referred to other government agencies. This includes excluding 9 concurrence and referral provisions from applying to local and regionally significant residential development applications within TOD Accelerated Precincts until 30 November 2027. All other concurrence and referrals have been retained to ensure safe and orderly development.
- replacing design competitions with a faster pathway to ensure design excellence and speed up housing delivery. The new pathway will apply until 30 November 2027. Find out more about how to gain an exemption from design competitions by reading the new Transport Oriented Development: Design Competition Exemption Pathway Advisory Note.
- minor amendments were also made to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) which were not exhibited. We removed a requirement for detailed development applications to be assessed under the same framework as previous concept DAs. This will allow these detailed DAs to benefit from newer Housing SEPP provisions such as infill affordable housing provisions. We also corrected a reference to an Australian Standard.
The changes came into effect on 27 November 2024. Please see the final changes on the NSW legislation website.
Supporting Documents
- Transport Oriented Development: Design Competition Exemption Pathway Advisory Note
- Explanation of Intended Effect
- Submissions report - Changes to support TOD Accelerated Precincts
Submissions
Submissions
Frequently asked questions
Frequently asked questions
What are the TOD Accelerated Precincts?
What are the TOD Accelerated Precincts?
In December 2023, the NSW Government announced the Transport Oriented Development (TOD) program to create more well-located homes close to transport, jobs and services.
As part of the TOD program, the NSW Government identified 8 Sydney transport hubs (tier one precincts) for state-led accelerated rezoning to deliver up nearly 60,000 new, well located, high and mid-rise homes over the next 15 years.
The 8 TOD precincts being accelerated for state rezoning are:
- Bankstown
- Bays West*
- Bella Vista
- Crows Nest
- Homebush
- Hornsby
- Kellyville
- Macquarie Park
*The changes will not apply to Bays West as that precinct is at an earlier stage of the planning process.
Why has a new state significant development (SSD) pathway been introduced for TOD precincts?
Why has a new state significant development (SSD) pathway been introduced for TOD precincts?
The SSD pathway for residential development applications in accelerated TOD precincts over $60 million will ensure assessments are completed quickly and efficiently.
SSD applications are assessed by the Department. This includes an integrated assessment where approvals and inputs from multiple agencies and councils are managed through a single assessment, thereby supporting consistent decision-making across all levels of government.
What is councils’ role in the assessment process for TOD precincts?
What is councils’ role in the assessment process for TOD precincts?
Councils will still be involved in providing feedback during exhibitions of SSD applications.
Councils will continue to assess small- and medium-sized development in TOD Accelerated Precincts.
What are the changes for in-fill affordable housing?
What are the changes for in-fill affordable housing?
In-fill affordable housing provisions will be turned off to avoid conflict with planning controls in the master planned TOD Accelerated Precincts. Each TOD precinct includes specific requirements for affordable housing.
The changes turn off the provisions that allow a floor space ratio (FSR) bonus of 20–30 per cent and a height bonus of 20–30 per cent for projects that include at least 10-15 per cent of gross floor area (GFA) as 15-year affordable housing under the Housing SEPP
How will affordable housing be provided in TOD Accelerated Precincts?
How will affordable housing be provided in TOD Accelerated Precincts?
The state rezoning process sought to maximise housing delivery including setting affordable housing requirements. Each TOD precinct is subject to affordable housing requirements.
How will low- and mid-rise housing be provided in TOD Accelerated Precincts?
How will low- and mid-rise housing be provided in TOD Accelerated Precincts?
To avoid duplication, the Low and Mid-Rise Housing Policy will not apply within the TOD Accelerated Precinct boundaries. Please refer to the low- and mid-rise webpage for more information about that policy.
What changes have been made for concurrence and referral provisions in TOD Accelerated Precincts?
What changes have been made for concurrence and referral provisions in TOD Accelerated Precincts?
The Department has temporarily removed 9 concurrence and referral (C&R) requirements relating to residential development in TOD Accelerated Precincts until 30 November 2027. These include special notifications for boarding houses and seniors housing, and certain referrals to the Rural Fire Service (RFS), Heritage NSW and Transport for NSW (TfNSW).
Development applications lodged before 30 November 2027 and still being determined after that date will also be exempted from the C&R requirements. No changes were made to high-risk C&Rs, integrated applications and approvals required under other Acts.
How will removing some C&R provisions speed up assessments in TOD precincts?
How will removing some C&R provisions speed up assessments in TOD precincts?
C&Rs can extend assessment timeframes by up to 55 days. The proposed reforms will enable the removal of some C&Rs thereby reducing referral delays and allowing for faster housing delivery in the TOD Accelerated Precincts.
How will high-quality design outcomes be ensured in TOD Accelerated Precincts?
How will high-quality design outcomes be ensured in TOD Accelerated Precincts?
The Department has introduced an alternative design excellence pathway which seeks to achieve design excellence while streamlining development assessment. Where a design competition is required, applicants can request an exemption from the Department.
Where certain criteria are met, the Department will confirm in writing that a competition is not required. These criteria are set out in the Transport Oriented Development: Design Competition Exemption Pathway Advisory Note and include the use of award-winning architects and promotion of architectural diversity.