sydney-train-tracks-800w
No Comments

In December 2023 the NSW Government announced the introduction of the Transport Oriented Development (TOD) program to increase housing supply and density near the existing and planned transport hubs. Later in April of 2024, the TOD initiative culminated to the making of  theState Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 (TOD SEPP), with the NSW Minister for Planning and Public Spaces announcing its arrival. This then commenced on 13 May 2024 by way of creation of a Chapter 5 in the  State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

The application of the TOD SEPP to each train station is staggered and as at the time of writing, areas surrounding 18 train stations have been mapped as the TOD  Area,: Adamstown, Booragul, Corrimal, Gordon, Hamilton, Killara, Kogarah, Kotara, Lidcombe, Lindfield, Morisset, Newcastle Interchange, Roseville, Teralba, Turella, Wyong, Cardiff and Woy Woy. The remaining 19 stations (of the 37) will be progressively rezoned under the TOD Program during 2024, with the final rezonings occurring in June 2025

In summary, the aims of the TOD SEPP are as follows:

  1. To increase housing within 400m of existing and planned public transport;
  2. to deliver mid rise residential flat buildings and shop top housing around rail and metro stations that are well designed, are of appropriate bulk and scale and provide amenity and liveability; and
  3. to encourage affordable housing to meet the needs of essential workers and vulnerable members of the community.

Some significant highlights of the TOD SEPP are as follows:

  1. According to s 154(1), Residential flat buildings are permitted in a TOD area, including all R1, R2, R3 and R4 residential zones, E1 Local Centre zones, and for land in the Canterbury-Bankstown local government area, B2 Local Centre Zones.
  2. According to s 154(2), Shop top housing with development consent on land are permitted in a relevant employment zone in a transport-oriented development area.
    • The definition of a ‘relevant employment zone’ includes land in zone E1 Local Centre, E2 Commercial Centre, Zone B2 Local Centre in Canterbury Bankstown, land in Gosford City Centre in SEPP (precincts-regional) 2021, Chapter 5-Zone B2 Commercial Core and any other equivalent land use zone.
    • Under s 152, a ‘transport-oriented area’ includes the following local government areas: Bayside; Burwood; Canada Bay; Canterbury Bankstown; Central Coast; Cumberland; Georges River; Inner West; Ku-ring-gai; City of Lake Macquarie; City of Newcastle; City of Penrith; and City of Wollongong.
  3. According to s 155, the height of buildings and floor space ratios have been included as a development standard, which prevents the consent authority from imposing more stringent requirements. The maximum building height for a residential flat building in a TOD area is 22m, the maximum building height in shop top housing in a TOD area is 24m. The maximum floor space ratio for either residential flat building or shop top housing in a relevant residential zone or relevant employment zone in TOD area Is 2.5:1.
  4. Under s 156, consent can only be granted for a buildings with minimum size of 2000m2 if at least 2% of the gross floor area is designated as affordable housing, which must be managed by a registered community housing provider in perpetuity. However, if another planning instrument, planning agreement or chapter requires more affordable housing, that requirement will take precedence. The specified 2% does not include any additional requirements from other chapters of the policy, planning instruments or planning agreements; it is considered supplementary. For each affordable housing dwelling required under s 156, the parking space requirements are as follows: each dwelling with 1 bedroom requires 0.4 parking space, each 2 bedrooms dwelling requires 0.5 parking space, and each dwelling with 3 or more bedrooms require 1 parking space.

For land that includes both mixed land-use zones and residential or employment zones, TOD SEPP will only apply to the areas designated as residential or employment zone. The TOD SEPP will not impact any portions of the land that fall outside these zones.

In accordance with s 153, chapter 5 will prevail over any other chapter in the Housing SEPP.

The savings provisions: The TOD SEPP will not apply to development applications that are submitted but not decided on or before 13 May 2024, nor will it apply to modification applications submitted after 13 May 2024 if they relate to a development consent granted on or before 13 May 2024.