Housing SEPP EIE
An Explanation of Intended Effect (EIE) seeking feedback on proposed amendments to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) was exhibited from Tuesday 22 November 2022 until Friday 13 January 2023.
View the proposed amendments in the exhibited Housing SEPP Explanation of Intended Effect.
Following a comprehensive review informed by stakeholder feedback, the Department has finalised the following changes via SEPP amendments:
In-fill affordable housing provisions
- In-fill affordable housing reforms were implemented to encourage private developers to boost affordable housing and deliver more market housing.
- A floor space ratio (FSR) bonus of 20–30% and a height bonus of 20–30% for projects that include at least 10-15% of gross floor area (GFA) as affordable housing was introduced. The height bonus only applies to residential flat buildings and shop-top housing. The FSR and height bonuses are proportional to the affordable housing component.
- The provisions require the affordable housing portion of the development to remain affordable and be managed by a registered community housing provider for a minimum of 15 years.
Planning pathways for social and affordable housing
- A new state-significant development (SSD) pathway for the Land and Housing Corporation (LAHC) and the Aboriginal Housing Office (AHO), where these agencies are seeking to deliver residential developments of over 75 homes. Landcom also benefits from this SSD pathway, where the development includes at least 50% affordable housing.
- LAHC, the AHO and Landcom are now able to self-assess social and affordable developments of up to 75 homes, including residential flat buildings up to 11 metres in height where the land use is permissible.
- The minimum lot size for dual occupancies being delivered as complying development by LAHC, AHO and community housing providers (CHPs)/Aboriginal Community Housing Providers has been reduced to 400 m2 under the Low-Rise Housing Diversity Code, making more land available for this type of development.
Group homes
- The definition of group homes has been updated in the Standard Instrument Local Environmental Plan 2006 to reflect contemporary design approaches to group homes, allowing for flexible living arrangements, communal spaces, and on-site support services.
- Exempt and complying development pathways have been introduced to allow the change of use of existing residential buildings into group homes, reducing delays and making it easier to deliver housing quickly, especially where no major building works are needed.
- Complying development standards for group homes have been revised to simplify the certification process, reduce anomalies, and ensure group homes meet community expectations.
- There is new advice on the disclosure of information about domestic and family violence refuges to guide councils and applicants in managing sensitive details in publicly accessible documents with discretion and care. This is outlined in the updated planning circular.
- For more information, view the State Environmental Planning Policy (Housing) 2021 and the Standard Instrument Local Environmental Plan 2006.
Temporary housing
- Changes were made to the planning rules to simplify the process for repurposing vacant properties such as buildings formerly used for motels, hospitals, accommodation ancillary to places of worship and education facilities for temporary housing.
- These amendments to the Housing SEPP will help make it easier and faster for Homes NSW and community housing providers to work with developers or owners to provide temporary housing to those in need. They allow properties to be used for temporary housing for up to five years if the property meets all safety and operational requirements.
Seniors housing
- Changes were made to Schedule 4 of the Housing SEPP to update accessibility and usability standards for independent living units to reflect industry best practice. These changes also improve consistency in the assessment and determination of independent living unit seniors housing developments and better equip the planning system to deliver safe and suitable seniors housing.
- A new Seniors Housing Design Guide was approved by the Minister for Planning and Public Spaces in November 2023 and published by the department in December 2023. The guide was developed to better inform the design and assessment of modern seniors housing proposals and replaces the Seniors Living: Urban Design Guidelines for Infill Development, 2004.