Shop-top Housing Controls: SEPP (State Environmental Planning Policy) (Housing) 2021

Low and mid-rise housing areas are residential zoned land within 800 metres walking distance from a nominated town centre or the entrance of a nominated train, metro or light rail station.

Within the low and mid-rise housing areas, this policy mandates permissibility and introduces non-discretionary development standards.

The policy does not apply to sites that are affected by certain hazards and constraints such as bushfire prone land and some flood prone lands. Visit Low and Mid-Rise Housing Policy exclusions for the complete list of excluded lands.

Shop-top Housing:

1 or more apartments above ground floor shops

Permissibility changes

No change to the permissibility of shop top housing.

Refer to the council’s Local Environmental Plan for which zones they are permitted.

New non-discretionary development standards

The following new standards for shop top housing apply in Low and Mid-Rise Housing areas in R1 and R2 zones (where permitted):

• Lot size: min 500 m2

• Lot width: min 12 m

• Floor space ratio: max 0.8:1

• Height of building: max 9.5 m

• Car parking: 0.5 space per dwelling

The following new standards for shop top housing apply in Low and Mid-Rise Housing areas in R3 and R4 zones (where permitted):

Low and Mid-Rise Housing inner areas (0–400 m from a nominated station/centre)

• Floor space ratio: max 2.2:1

• Height of building: max 24 m

• Storeys: max 6

• No minimum lot size or width (LEP provisions switched off)

Low and Mid-Rise Housing outer areas (400–800 m from a nominated station/centre)

• Floor space ratio: max 1.5:1

• Height of building: max 17.5 m

• Storeys: max 4

• No minimum lot size or width (LEP provisions switched off)

Non-discretionary development standards, also known as non-refusal standards, identify development standards for particular matters like building heights, floor space ratio or lot size.

They have the effect of prevailing over an equivalent standard set out in a local environmental plan (LEP) or development control plan (DCP) that is more onerous.

If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application on the grounds that the development does not comply with the standard.