NSW Government Low and Mid-Rise Housing Reforms

Background

On 28 November 2023, the NSW Government announced planning changes to allow more ‘low- and mid-rise housing’ in the six cities region. The NSW Government exhibited these proposed changes from 15 December 2023 until 23 February 2024.

Changes

The changes make it easier to build new low- to mid-rise housing, ranging from dual occupancies through to six-storey unit blocks.

Stage 1

On 1 July 2024, the NSW Government commenced stage 1 of these reforms, which now permits dual occupancy development and semi-detached dwellings in most R2 low density residential zoned land in NSW, subject to development consent.

This change does not impact Waverley as these dwelling types are already permitted in R2 zones.

Stage 2

On 28 February 2025, the NSW Government implemented the final stage of the reforms. These controls will override the Waverley Local Environmental Plan 2012 and Waverley Development Control Plan 2022 controls where they are inconsistent, introduce more permissive minimum lot sizes, height and floorspace controls.

The reforms will allow four- to six-storey apartment buildings in R3 Medium Density zones within an 800m walk of ‘town centre’ and ‘station precincts’ through the introduction of non-refusal height and floor space standards. This stage also allows manor houses in R2 zones under the same criteria and non-refusal standards for manor houses, terraces, and dual occupancies.

In addition, 30% height and floor space ratio (FSR) for 15% of affordable infill bonuses for 15 years can also be used on top of the non-refusal standards.

The below table details the key development changes in land use zones for R2, R3 and R4 zones.

R2 Low Density Residential Zone R2 Low Residential Zone

Dual occupancies (permitted in all R2 Zones):

  • maximum building height: 9.5 m
  • maximum floor space ratio: 0.65:1
  • minimum site area: 450 m2
  • minimum lot width:12 m
  • minimum car parking spaces: 1 per dwelling

Terraces (permitted 0-800m of stations and town centre precincts):

  • maximum building height: 9.5 m
  • maximum floor space ratio: 0.7:1
  • minimum site area: 500 m2
  • minimum lot width: 18 m
  • minimum car parking spaces: 0.5 per dwelling
R2 Low Density Residential Zone R2 Low Density Residential Zone

Multi dwelling housing (permitted 0-800m of stations and town centre precincts):

  • maximum building height: 9.5 m
  • maximum floor space ratio: 0.7:1
  • minimum site area: 600 m2
  • minimum lot width: 12 m
  • minimum car parking spaces: 1 per dwelling

Manor houses (permitted 0-800m of stations and town centre precincts):

  • maximum building height: 9.5 m
  • maximum floor space ratio: 0.8:1
  • minimum site area: 500 m2
  • minimum lot width: 12 m
  • minimum car parking spaces: 1 per dwelling
R2 Low Density Residential Zone R2 Low Density Residential Zone

Residential flat buildings and shop top housing within 0-400m of stations and commercial zones:

  • maximum building height: 22 m (28.6 m with affordable housing bonus)
  • maximum floor space ratio: 2.2:1 (2.86 with AH bonus)
  • no minimum lot size or lot width

Residential flat buildings and shop top housing between 400 to 800m of stations and commercial zones:

  • maximum building height: 17.5  m (22.8 m with affordable housing bonus)
  • maximum floor space ratio: 1.8:1 (2.34 with AH bonus)
  • no minimum lot size or lot width

Areas of application

The changes will apply to ‘station and town centre’ precincts. The only town centre identified in the Waverley LGA is Bondi Junction. Part of Rose Bay in the Waverley LGA is included in the 800 m radius of Rose Bay town centre on New South Head Road, in the Woollahra LGA.

The changes will not apply within the employment/town centre zones themselves (E1, E2 and MU1 zones). Rather, they will apply in the residential zones surrounding the town centres (within the 800m walking catchments).

View the indicative map of the housing areas below.


Exclusions

Waverley Council’s individually listed heritage items are excluded from the reforms, although, heritage conservation areas are still included.


Waverley Council has developed a simplified brochure that explains the reforms. For more information, visit the Department of Planning, Housing and Infrastructure.