The first stage of the NSW Government’s Transport Oriented Development (TOD) planning reforms was implemented through introduction of new planning controls at Chapter 5 of State Environmental Planning Policy (Housing) 2021.

The amended planning controls apply within identified station precincts to allow more well-located homes.

We have prepared a guide to provide additional information to assist those who will prepare and assess development applications under the 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

Permissibility

Residential flat buildings are permitted in residential zones and local centre zones in TOD areas. Shop top housing is permitted in local centre and commercial zones.

Building height

A maximum height of 22m applies to residential flat buildings and 24 m for shop top housing to accommodate increased ceiling heights for ground floor commercial premises.

Floor Space Ratio

A maximum Floor Space Ratio of 2.5:1 applies to both residential flat buildings and shop top housing.

Lot size and width

Introduction of a minimum lot width of 21 m and no minimum lot size.

Affordable housing

2% of floor area for developments with a minimum Gross Floor Area of 2,000 m2 must be provided as affordable housing in perpetuity. The affordable housing must be managed by a registered community housing provider. These requirements are secured through prescribed development consent conditions set out in the Environmental Planning and Assessment Regulation 2021.

Where do the new planning controls apply?

The Transport Oriented Development planning controls commenced on 13 May 2024 and now apply to a total of 25 precincts. Alternative schemes have been implemented through updates to the relevant local environmental plan for 9 additional precincts. Alternative schemes are now being considered for the remaining 3 precincts. These are expected to be finalised in the coming months.

Stations

The status of planning controls for each station:

StationLocal Government Area (LGA)Status
AdamstownNewcastleTOD controls applied May 2024
AshfieldInner WestTOD controls applied January 2025
BanksiaBaysideTOD controls applied July 2024
BelmoreCanterbury-BankstownCouncil controls applied February 2026
BeralaCumberlandTOD controls applied November 2024
BooragulLake MacquarieTOD controls applied May 2024
CanterburyCanterbury-BankstownCouncil controls applied May 2025
CardiffLake MacquarieTOD controls applied May 2024
Cockle CreekLake MacquarieAlternative scheme under assessment
CorrimalWollongongTOD controls applied May 2024
CroydonBurwood/Inner WestTOD controls applied February 2025/Council controls applied February 2026
DaptoWollongongTOD controls applied July 2024
Dulwich HillInner WestTOD controls applied January 2025
GordonKu-ring-gaiCouncil controls applied November 2025
GosfordCentral CoastTOD controls applied July 2024
HamiltonNewcastleTOD controls applied May 2024
KillaraKu-ring-gaiCouncil controls applied November 2025
KogarahBayside/Georges RiverTOD controls applied May 2024
KotaraNewcastleTOD controls applied May 2024
LakembaCanterbury-BankstownCouncil controls applied February 2026
LidcombeCumberlandTOD controls applied May 2024
LindfieldKu-ring-gaiCouncil controls applied November 2025
MarrickvilleInner WestTOD controls applied January 2025
MorissetLake MacquarieTOD controls applied May 2024
Newcastle InterchangeNewcastleTOD controls applied May 2024
North Strathfield MetroCanada BayTOD controls applied November 2024
North WollongongWollongongCouncil controls applied October 2025
PunchbowlCanterbury-BankstownAlternative scheme under assessment
RockdaleBaysideTOD controls applied July 2024
RosevilleKu-ring-gaiCouncil controls applied November 2025
St Marys MetroPenrithCouncil controls applied February 2026
TeralbaLake MacquarieTOD controls applied May 2024
TuggerahCentral CoastTOD controls applied July 2024
TurrellaBaysideTOD controls applied May 2024
Wiley ParkCanterbury-BankstownAlternative scheme under assessment
Woy WoyCentral CoastTOD controls applied May 2024
WyongCentral CoastTOD controls applied May 2024

Check if the planning controls apply to your property

You can search your home or business address to see if your property is within the Transport Oriented Development area 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 controls, you will need to check the relevant LEP to find out which planning controls apply.

Frequently asked questions

New planning controls for Transport Oriented Development stations were introduced through changes to State Environmental Planning Policy (Housing) 2021 in April 2024.

Over the next 15 years, the Transport Oriented Development program is estimated to deliver more than 170,000 new homes across the 37 identified precincts.

What is the status of the Ku-ring-gai Council alternative scheme?

Ku-ring-gai Council’s alternative scheme for the Transport Oriented Development (TOD) precincts at Gordon, Killara, Lindfield and Roseville came into effect on 14 November 2025.

Council’s alternative scheme replaces the TOD planning controls in State Environmental Planning Policy (Housing) 2021 (the Housing SEPP) with a different set of planning controls under the Ku-ring-gai Local Environmental Plan.

More information is available on the Ku-ring-gai Council website.

What planning controls will apply to development applications that are lodged for Ku-ring-gai TOD precincts?

Ku-ring-gai Council’s planning controls for the Transport Oriented Development (TOD) precincts at Gordon, Killara, Lindfield and Roseville came into effect on 14 November 2025.

Development Applications that were in the system on or before 13 June 2025 will be assessed under the TOD provisions. New development applications will be assessed against the controls in council’s LEP.

Is affordable housing required under the policy?

Yes. The TOD planning controls in the Housing SEPP require at least 2% of floor space to be used for affordable housing. The alternative approaches that have been implemented through council local environmental plans also require affordable housing, with rates varying according to the location.

Can a transport oriented development use other affordable housing provisions from the Housing SEPP?

Yes. The Infill Affordable Housing incentives in the Housing SEPP also apply in Transport Oriented Development locations, with contributions to be in addition to the requirement to provide 2% affordable housing in perpetuity.

Does the Apartment Design Guide apply to TOD developments?

Yes. The Apartment Design Guide remains the guiding document for apartment development, including developments in Transport Oriented Development locations.

What about properties that have split zones?

Where a lot contains 2 or more land-use zones, the Transport Oriented Development controls 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.

Can a development application that has already been approved take advantage of the TOD planning controls?

The TOD planning controls do not apply to a development application made, but not determined, on or before 13 May 2024. The controls also 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.