The first stage of the NSW Government’s Transport Oriented Development (TOD) planning reforms has been implemented through an amendment to the State Environmental Planning Policy (Housing) - Chapter 5 Transport Oriented Development (the Housing SEPP).
The amended planning controls apply within 400 m of 37 stations to deliver more affordable, well-designed and well-located homes.
We have prepared a guide to provide additional information to assist those who will prepare and assess development applications under the new TOD planning controls. The guidance will be updated over time and can be used in conjunction with Chapter 5 in the Housing SEPP. View Guidance to Transport Oriented Development (PDF, 1.8 MB).
The new planning controls for the Transport Oriented Development areas are:
New planning controls
Allowing residential flat buildings in residential zones and local centre zones, along with shop top housing in local centre and commercial zones.
A 22 m height for residential flat buildings to maintain design standards, and a maximum building of 24 m for buildings containing shop top housing to accommodate commercial ceiling height.
A maximum Floor Space Ratio of 2.5:1 has been set. This allows for buildings of up to 6 storeys while providing for good design outcomes in relation to landscaping, building setbacks, privacy and open space.
Introduction of a minimum lot width of 21 m and no minimum lot size.
The inclusion of a clause which applies to local centre zones to consider active street frontages of buildings at the ground floor.
No change to heritage clauses in local environmental plans. Applications involving heritage considerations will continue to be lodged with and assessed by councils. Any new development needs to improve and enhance the heritage values of those locations.
A 2% mandatory affordable housing contribution, delivered onsite and in perpetuity, for developments with a minimum Gross Floor Area of 2,000 m2. Affordable housing must be managed by a registered community housing provider. The percentage of the affordable housing contribution will be increased over time.
When will the new planning controls apply?
The Transport Oriented Development planning controls commenced on 13 May 2024 and now apply to a total of 29 precincts. The remaining locations will have new planning controls rolled out progressively in 2025.
Stations
Timings are set out next to each station:
| Station | Local Government Area (LGA) | Month for finalisation |
|---|---|---|
| Adamstown | Newcastle | April 2024 |
| Ashfield | Inner West | January 2025 |
| Banksia | Bayside | July 2024 |
| Belmore | Canterbury-Bankstown | December 20241 |
| Berala | Cumberland | October 2024 |
| Booragul | Lake Macquarie | April 2024 |
| Canterbury | Canterbury-Bankstown | May 2025 |
| Cardiff | Lake Macquarie | April 2024 |
| Cockle Creek | Lake Macquarie | May 20255 |
| Corrimal | Wollongong | April 2024 |
| Croydon | Burwood/Inner West | January 20252 |
| Dapto | Wollongong | July 2024 |
| Dulwich Hill | Inner West | January 2025 |
| Gordon | Ku-ring-gai | April 2024 |
| Gosford | Central Coast | July 2024 |
| Hamilton | Newcastle | April 2024 |
| Killara | Ku-ring-gai | April 2024 |
| Kogarah | Bayside/Georges River | April 2024 |
| Kotara | Newcastle | April 2024 |
| Lakemba | Canterbury-Bankstown | December 20241 |
| Lidcombe | Cumberland | April 2024 |
| Lindfield | Ku-ring-gai | April 2024 |
| Marrickville | Inner West | January 2025 |
| Morisset | Lake Macquarie | April 2024 |
| Newcastle Interchange | Newcastle | April 2024 |
| North Strathfield Metro | Canada Bay | November 2024 |
| North Wollongong | Wollongong | May 20253 |
| Punchbowl | Canterbury-Bankstown | June 2025 |
| Rockdale | Bayside | July 2024 |
| Roseville | Ku-ring-gai | April 2024 |
| St Marys Metro | Penrith | May 20254 |
| Teralba | Lake Macquarie | April 2024 |
| Tuggerah | Central Coast | July 2024 |
| Turrella | Bayside | April 2024 |
| Wiley Park | Canterbury-Bankstown | June 2025 |
| Woy Woy | Central Coast | April 2024 |
| Wyong | Central Coast | April 2024 |
The TOD provisions currently only apply to sites in the Ku-ring-gai local government area that were lodged or had valid SEARs issued at 13 June 2025.
- City of Canterbury-Bankstown has prepared its own masterplan for Belmore and Lakemba TODs and submitted it to the Department. The Department is verifying these strategic planning approaches and will make these changes in the coming months.
- The Croydon TOD precinct area within the Inner West LGA has started. Burwood Council has prepared and submitted to the Department its own masterplan for the Croydon TOD precinct area within the Burwood LGA. The Department is verifying this strategic planning approach and will make changes in the coming months.
- The Department is working to apply the TOD provisions to council's alternative precinct boundary for North Wollongong (PDF, 711 KB).
- Penrith City Council has prepared its own masterplan for St Marys Metro TOD and submitted it to the Department. The Department is verifying this strategic planning approach and will make these changes in the coming months. View the council's plans for St Marys Metro site.
- The Department has received an alternative approach to the TOD provisions for Cockle Creek from Hunter Central Coast Development Corporation (HCCDC). The Department is working with council and HCCDC to implement the alternative approach through amendments to the Lake Macquarie Local Environmental Plan 2014
Check if the planning controls apply to your property
You can search your home or business address to see if your property is within 400 m of a Transport Oriented Development station on the NSW Planning Spatial Viewer:
- Click on the text 'Filter Layers' on the left of the screen to activate the search function.
- Type 'Transport Oriented Development'.
- Under the heading 'SEPP (Housing) 2021', click the check box to the left of 'Transport Oriented Development Sites Map'. The land to which the policy applies will now be displayed in the spatial viewer.
If your local council has proposed an alternative to the TOD, these planning controls may not be displayed in the Spatial Viewer. Read the frequently asked questions for more information.
Frequently asked questions
The first stage of the Transport Oriented Development planning reforms has now commenced, with new planning controls introduced through the State Environmental Planning Policy (Housing) 2021, including a new Chapter 5 Transport Oriented Development.
Over the next 15 years, it is estimated to deliver more than 170,000 new homes in mid-rise dwellings with new affordable homes, and apartment buildings that contain commercial space that adds to the vibrant amenity in convenient locations for everyday shopping and services.
On 5 June 2025 Ku-ring-gai Council endorsed an alternative proposal, applying to the Gordon, Killara, Lindfield and Roseville TOD areas, for submission to the Minister for Planning and Public Spaces.
Council’s final alternative scheme has been received by the Department and is being assessed against the Transport Oriented Development Guide to Strategic Planning before any changes are made to the Housing SEPP or Ku-ring-gai Local Environmental Plan.
More information is available on the Ku-ring-gai Council website.
Following submission of council’s alternative scheme, the lodgement of new development applications under the TOD SEPP planning controls in the Ku-ring-gai local government area has been suspended.
On 13 June 2025 the TOD SEPP mapping was amended so the TOD SEPP planning controls no longer apply in the Ku-ring-gai local government area, except for land already subject to a current TOD development proposal. This includes local development applications lodged but not yet determined (including proposals subject to a Land and Environment Court appeal) and state significant development applications with valid Secretary's Environmental Assessment Requirements issued on or before Friday 13 June 2025.
The TOD SEPP will remain suspended in the LGA until the Department has reviewed council’s alternative scheme.
We have added a chapter to the Housing SEPP to introduce new planning controls for Transport Oriented Development. The policy will change planning controls within 400 m of well-located metro and rail stations, including:
- Permissibility – Allowing residential flat buildings in residential zones and local centre zones, along with shop top housing in local centre and commercial zones.
- Building height – A 22 m height for residential flat buildings to maintain design standards, and a maximum building of 24 m for buildings containing shop top housing to accommodate commercial ceiling height.
- Floor Space Ratio – A maximum Floor Space Ratio of 2.5:1 has been set. This allows for buildings of up to 6 storeys while providing for good design outcomes in relation to landscaping, building setbacks, privacy and open space.
- Lot size and width – Introduction of a minimum lot width of 21 m and no minimum lot size.
- Street frontages – The inclusion of a clause which applies to local centre zones to consider active street frontages of buildings at the ground floor.
- Heritage – No change to heritage clauses in local environmental plans. Applications involving heritage considerations will continue to be lodged with and assessed by councils. Any new development needs to improve and enhance the heritage values of those locations.
- Affordable housing – A 2% mandatory affordable housing contribution, delivered onsite and in perpetuity for developments with a minimum Gross Floor Area of 2000 m2. Affordable housing must be managed by a registered community housing provider. The percentage of the affordable housing contribution will be increased over time.
- Apartment Design Guide – The guide will continue to be the principal guiding document for apartment development, including Transport Oriented Developments.
The new Transport Oriented Development controls will apply around 37 station locations.
In April 2024, the Transport Oriented Development controls were applied to sites around 18 metro and rail stations.
The NSW Government agreed to allow some councils to carry out local planning around the remaining 19 Transport Oriented Development stations. Councils’ housing plans will need to meet or exceed the number of new homes expected under the Transport Oriented Development controls. The councils that worked with the department on this process will phase the introduction of new planning controls to allow for more detailed master planning around these stations to be completed. Should a council fail to undertake local planning, nor provide equal or greater housing than proposed, the SEPP will come into effect in line with the published schedule.
The remaining stations will have new planning controls rolled out progressively, following the schedule published on this page.
The amendments to the Housing SEPP commenced on 13 May 2024.
Yes. The government is mandating a minimum 2% affordable housing component for new developments in the 37 locations. The affordable housing percentage will gradually increase over time to make sure essential workers such as health workers, teachers and hospitality workers can live closer to work.
Yes. The Infill affordable housing incentives in the Housing SEPP will also apply in Transport Oriented Development locations, with contributions to be in addition to the requirement to provide 2% affordable housing in perpetuity.
Yes. The Apartment Design Guide remains the guiding document for apartment development, including developments in Transport Oriented Development locations, to provide for a consistent approach for apartment design considerations in the planning.
Yes. Applications in heritage conservation areas will continue to be lodged with and assessed by councils. Councils are well placed to assess applications that might involve the removal of a non-contributory building to the heritage value of that area. Any new development needs to improve and enhance the heritage values of those locations.
Clause 5.10 of the Standard Instrument Principal Local Environment Plan will continue to apply to these applications. However, the new controls in TOD locations do not apply to land that contains:
- a heritage item (local or state), or
- an Aboriginal object, or
- a site within an Aboriginal place of heritage significance, or
- archaeological sites.
Where a lot contains 2 or more land-use zones, the Transport Oriented Development controls will only apply to the portion of land that has a relevant zone. For example, if a property is partially zoned MU1 Mixed-use and R4 High-density Residential, only the portion of the site that is R4 High-density Residential can be developed under the Transport Oriented Development controls.
From 13 May 2024, development applications can be lodged on the NSW Planning Portal for sites where the Transport Oriented Development controls have been applied. View the schedule in the table on this page to see which locations have been finalised.
The new Transport Oriented Development controls do not apply to a development application made, but not determined, on or before 13 May 2024. The controls do not apply to a modification made after 13 May 2024 if it relates to a development consent granted on or before 13 May 2024.