February 1 - 28, 2025: Issue 639

 

Mona Vale Set to Become Dee Why of Pittwater Under NSW Government's Low and Mid-Rise policy

Mona Vale has been approved for 6-storey buildings up to 24 metres under the State Government's Low and Mid-Rise policy.


Announced on Friday February 21, the Minns Labor Government’s Low and Mid-Rise policy is set to deliver 112,000 homes across New South Wales over the next five years as the next stage of the policy comes into effect.

The new reforms change planning controls within 800 metres, or 10-minute walk, around 171 town centres and stations to allow dual-occupancies, terraces, townhouses and residential flat buildings across metropolitan Sydney, the Central Coast, Illawarra-Shoalhaven and Hunter regions.

''Without these changes, New South Wales risks becoming a city without a future because it’s simply too expensive to put a roof over your head.'' the government stated in a release

''The Low and Mid-Rise housing policy will reintroduce housing choice and diversity back into our communities, filling the “missing middle” between high-rise apartments and greenfield development.''

''Terraces, townhouses and residential flat buildings have a long history in NSW urban planning, but over recent decades have effectively been banned across local government areas.

Currently, only two of 33 councils in Greater Sydney allow terraces and townhouses in low-density (R2) zones, and residential flat buildings are prohibited in 60 per cent of all medium-density (R3) zones.''

''The NSW Government’s changes will remove the restriction on developing terraces, townhouses and low-rise residential flat buildings on R1 and R2 zoned land, while also removing the restriction on delivering medium rise residential flat buildings on R3 and R4 zoned land in these areas.''

These changes still allow councils to assess important development conditions including parking, light access and minimum frontages.

''Allowing these housing types to be permissible again will boost housing supply around transport and town centres, improve affordability, maintain the character of an area and build better communities.'' the government said

  • Sites were selected considering the following criteria:
  • Access to goods and services in the area
  • Public transport frequencies and travel times
  • Critical infrastructure capacity hazards and constraints
  • Local housing targets and rebalancing growth

''These planning reforms will further enable the rollout of the NSW Pattern Book, so those families, young people and downsizers who select these architecturally designed low and mid-rise designs will be able to build them in areas now zoned for low and mid-rise housing.''

''The Low and Mid-Rise policy has been consulted on extensively, with the NSW Government publicly exhibiting the policy and carefully considering feedback from councils, town planners, architects, developers, Government agencies, and community groups.'' the statement reads

The policy will come into effect on Friday 28 February 2025.

Due to the extent of bushfire and flood hazards, the Blue Mountains, Hawkesbury and Wollondilly Local Government Areas, have been excluded from stage 2 of the reforms.

Some of these reforms have also saved large swathes of Pittwater from the same developments.

Under the new rules, Low and Mid-Rise Housing Policy exclusions include Coastal wetland, littoral rainforest or coastal vulnerability areas and Bushfire-prone land.

However, that criteria will not apply in flood-prone Mona Vale - historically a place of flooding creeks being funnelled into blocked concrete drains.

In the Northern Beaches local government area, the second stage of the Low and Mid-Rise Policy will apply to all residential zones within 800 metres walking distance to the following town centres: 

  • Balgowlah Stockland shopping centre 
  • Dee Why town centre 
  • Forestville town centre
  • Forestway shopping centre 
  • Frenchs Forest Precinct (Warringah Road) 
  • Manly town centre
  • Manly Vale town centre 
  • Mona Vale town centre 
  • Warringah Mall shopping centre

Low-rise housing is generally 1–2 storeys and includes dual occupancies (2 dwellings on the same lot), terraces, townhouses and low-rise apartment buildings. It does not include freestanding houses. Height of building: max 9.5 m

Mid-rise housing is generally 3–6 storey apartment buildings.

The low and mid-rise changes will also introduce new development standards for these housing types, including allowable heights, floor-space ratios and lot sizes.

+3 apartments in +2 storey building
Permissibility changes
Permit in R2 and R3 zones

Already permitted in R1 and R4 zones per Standard Instrument

New non-discretionary development standards

In R1 and R2 zones:

  • Lot size: min 500 m2
  • Lot width: min 12 m
  • Floor space ratio: max 0.8:1
  • Height of building: max 9.5 m
  • Car parking: 0.5 space per dwelling

In R3 and R4 zones:

0–400 m from station/centre

  • Floor space ratio: max 2.2:1
  • Height of building: max 22 m
  • Storeys: max 6
  • No minimum lot size or width (LEP provisions switched off)

400–800 m from station/centre

  • Floor space ratio: max 1.5:1
  • Height of building: max 17.5 m
  • Storeys: max 4
  • No minimum lot size or width (LEP provisions switched off)

A non-discretionary development standard, also known as a non-refusal standard, provides consistent development assessment guidelines for matters like building heights, floor space ratio or lot size. A non-discretionary standard can overrule a local environmental plan (LEP) or development control plan (DCP) standard. If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application because it does not meet the LEP or DCP standard.

From; https://www.planning.nsw.gov.au/policy-and-legislation/housing/low-and-mid-rise-housing-policy/summary-of-key-provisions 

+1 apartments above ground floor shops
New non-discretionary development standards

In R1 and R2 zones:

  • Lot size: min 500 m2
  • Lot width: min 12 m
  • Floor space ratio: max 0.8:1
  • Height of building: max 9.5 m
  • Car parking: 0.5 space per dwelling

In R3 and R4 zones:

0–400 m from station/centre

  • Floor space ratio: max 2.2:1
  • Height of building: max 24 m
  • Storeys: max 6
  • No minimum lot size or width (LEP provisions switched off)

400–800 m from station/centre

  • Floor space ratio: max 1.5:1
  • Height of building: max 17.5 m
  • Storeys: max 4
  • No minimum lot size or width (LEP provisions switched off)

A non-discretionary development standard, also known as a non-refusal standard, provides consistent development assessment guidelines for matters like building heights, floor space ratio or lot size. A non-discretionary standard can overrule a local environmental plan (LEP) or development control plan (DCP) standard. If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application because it does not meet the LEP or DCP standard.

From; https://www.planning.nsw.gov.au/policy-and-legislation/housing/low-and-mid-rise-housing-policy/summary-of-key-provisions 

The NSW Department of Planning states the Non-discretionary standards are to encourage the delivery of new housing.

The policy aims to facilitate and encourage the low and mid-rise housing types by introducing non-discretionary standards, such as building heights, floor space ratios and minimum lot sizes. This will apply by zone and land use type in low and mid-rise housing areas.

A non-discretionary development standard, also known as a non-refusal standard, provides consistent development standards for matters like building heights, floor space ratio or lot size.

They can overrule a LEP or DCP standard, depending on what is the more permissive. If the proposed development complies, the consent authority cannot refuse the application on the grounds of the standard.

For example, in low and mid-rise housing areas, the Low and Mid-Rise Housing Policy sets a non-discretionary maximum height of 22 metres for residential flat buildings in R3 and R4 zones. If the current maximum height standard on the site in the LEP is 10 metres, the 22 metres non-discretionary standard would apply. If the current height in the LEP is 40 metres, then 40 metres would apply.

Chris Minns, the Premier of New South Wales said on Friday:

“These types of homes have played a really important part in delivering homes over the last century but recently councils have effectively banned them, this reform changes that.

“Housing is the single largest cost of living pressure people are facing and these changes will deliver more homes for young people, families and workers.

“The homes built under these reforms will be close to transport, open spaces and services that people need, creating better connected and more liveable neighbourhoods by making the most of existing critical infrastructure.”

Minister for Planning and Public Spaces Paul Scully said:

“This policy fills a gap in new housing supply. Allowing low and mid-rise housing in more locations will help increase the number of homes in our state, improve affordability for renters and buyers and give people a choice on the type of home they want to live in.

“Housing choice and diversity is at the heart of the Minns Government’s planning reforms – a choice of where they want to live, what kind of home they want to live in and when they want to make that move.

“There has been increasing demand for well-located, medium-density housing. These reforms build on the reforms introduced on 1 July 2024, which allowed dual occupancies and semi-detached homes to be built on nearly all low-rise residentially zoned land in NSW.

“This will unlock the huge potential of the NSW Pattern Book, with the new patterns being allowed in the areas where these planning controls apply. Those that use the Pattern Book will be able to build in these areas and gain access to a fast-tracked planning approval.”

  • Stage 1: Permitting dual occupancies; The first stage of the policy started on 1 July 2024. It permitted dual occupancies and semi-detached homes in the R2 low-density residential zone across all of NSW. 
  • Stage 2: Encouraging low and mid-rise housing; The second stage of the policy will start on 28 February 2025.

The government states the Low and Mid-Rise Housing Policy is about creating more housing choice for people at different stages of life.

Pittwater's MP Jacqui Scruby, who opposed blanket planning laws for Pittwater and fought to keep planning in local control to protect our natural environment and character, has declared the announcement a ‘big win for Pittwater.’  

“One of my core election promises was to save Pittwater from the Minns Government blanket planning reforms. My first meetings included the Minister for Planning and the Premier to make strong representations that Pittwater’s unique geographical location, infrastructure constraints including the unfinished Mona Vale Road and bus transport, and the high flood and bushfire risks, make it inappropriate for blanket planning laws. I argued strongly that planning controls should remain with local government, so decisions could be made on an individual basis by the council, and they can meet our housing targets strategically.”

The newly announced planning rules will allow 2-3 storey terraces, townhouses, low and mid-rise apartments and shop-top housing within R2 zones, within 800 metres of Mona Vale town centre. Mona Vale also has some R3 zones that will permit six storeys within 400m of the town centre and four storeys between 401m-800m of the town centre.   

“Under the reforms Pittwater could have faced 6-7 storey 21m tall apartment towers in nearly all our villages, including Avalon Beach, Newport, Narrabeen and Warriewood.   

“As an independent I work across party lines and negotiated with the Minns Government to deliver this win for the Pittwater community.  I am happy to have delivered it. I thank the Minns government for their genuine engagement with me and with Northern Beaches Council in understanding the real constraints and risks of our area,” said Ms Scruby.  

The President of Local Government NSW (LGNSW), Mayor Phyllis Miller OAM has indicated that while each council would have views on specific sites, continued collaboration and transparent partnership with State Government was needed if the policy was going to succeed.

“We’re glad to see the changes outlined by the Minister will still allow councils to assess important development conditions including parking, light access and minimum frontages but it’s important to note that will be set against new “non-refusal” standards that are being imposed on us by the State” said Mayor Miller. “When I met with the Planning Minister earlier this week, I made it very clear to him that together we can achieve much better outcomes if the State Government continues to work with councils when it comes to delivering housing solutions.”

“The State Government insists that allowing these housing types will boost housing supply around transport and town centres, improve affordability, maintain the character of an area and build better communities” said Mayor Miller. “But that will only happen if the increase in density is matched with proper and significant infrastructure support from the State Government – we’re talking about schools, libraries, sports fields and playgrounds, adequate hospitals, even the basics of road infrastructure and sewerage and water supply.”

Mayor Miller appreciated that the Government had responded to councils’ concerns about applying the policy to land that was prone to bushfires and floods, and had listened to feedback for areas where greater density would lead to unacceptable traffic and congestion impacts.

However Mayor Miller expressed disappointment that there was no inclusion of affordable housing mandates in the policy.

“The absence of any contribution for in-perpetuity affordable housing is a significant missed opportunity to address this dire need, particularly for workers who carry out essential jobs in our communities,” said Mayor Miller.

“These key elements of much needed infrastructure and affordable housing mandates need to be in place from the very start so developers can factor that into the cost of land” she said.

“Councils are at the forefront of our communities – we know what opportunities there are but we also know too well the obstacles that are holding us back. Local Government – as always – stands ready to work alongside the State to help address this very real housing crisis.”

The Government ha stated the reforms will provide up to 112,000 new homes in the next five years.