On 18 December 2020, the first phase of the changes proposed was progressed to support the delivery of social and affordable housing by the NSW Land and Housing Corporation (LAHC), ahead of the other amendments previously proposed.
Changes have been made to the ARHSEPP to help facilitate development carried out by LAHC and its developer partners by amending provisions for in-fill affordable housing and LAHC’s self-assessment provisions. These include:
Part 3 of the ARHSEPP has also been amended to remove reference to the 28 January 2000 date to allow councils to levy monetary contributions to offset the loss of dwellings that were low rental at any time within the five years preceding the lodgement of the DA. It has also been clarified that the applicant of a DA, not the consent authority (e.g. local council), will be responsible for establishing whether a building contained low-rental dwellings.
On 9 April 2021, further changes were made to the ARHSEPP to introduce provisions for the new statewide Short-term Rental Accommodation (STRA) policy.
The SRD SEPP has been updated to help streamline the assessment of projects by simplifying the pathway for projects to be considered State significant development (SSD). This update removes the requirement for LAHC site’s to be mapped on the SSD Sites Map and to increase the capital investment value SSD threshold for LAHC development to $100 million.
The Standard Instrument LEP Order has been amended to provide local councils the discretion to set a maximum size for secondary dwellings in a rural zone and the maximum distance a secondary dwelling in a rural zone can be located from the principal dwelling.
The Environmental Planning and Assessment Regulation 2000 has also been amended to ensure development applications (DAs) lodged for manor house and multi dwelling housing (terraces) development to be accompanied by a statement prepared by a qualified designer or a person accredited as a building designer by the Building Designers Association of Australia that:
The new and amended provisions in the ARHSEPP, Standard Instrument LEP Order and EP&A Regulation commenced on 1 February 2021.
You can view all submissions made regarding the changes to the LAHC, social housing, Part 3 and secondary dwelling provisions via our Planning Portal.
For more information about the new provisions, you can:
Page last updated: 09/04/2021