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

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 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.

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 6 additional precincts. Alternative schemes are now being considered for a further 7 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-BankstownAlternative scheme under assessment
BeralaCumberlandTOD controls applied November 2024
BooragulLake MacquarieTOD controls commenced May 2024
CanterburyCanterbury-BankstownCouncil controls commenced May 2025
CardiffLake MacquarieTOD controls commenced May 2024
Cockle CreekLake MacquarieAlternative scheme under assessment
CorrimalWollongongTOD controls applied May 2024
CroydonBurwood/Inner WestTOD controls applied February 2025/master plan under assessment1
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-BankstownAlternative scheme under assessment
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 MetroPenrithAlternative scheme under assessment
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
  1. 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.

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, 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.

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.

What is the new SEPP?

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.
Where will the policy apply?

The new Transport Oriented Development controls will apply around 37 station locations.

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 will also apply in Transport Oriented Development locations, with contributions to be in addition to the requirement to provide 2% affordable housing in perpetuity.

Must transport oriented developments consider the Apartment Design Guide?

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.

Will the policy apply in heritage conservation areas?

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.
What about properties that have split zones?

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.

When can I lodge my development application using the new policy?

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.

Can a development application that has already been approved take advantage of the new policy?

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.