The NSW Government’s planning reform program continues to evolve, with one significant change already in effect. While recent reforms relating to Low-Rise Housing, Complying Development Variations and Improving Development Assessment remain at various stages of consultation, the Development Coordination Authority (DCA) has now commenced operating and is changing how government agency input is managed during …
The NSW Government is continuing its broader planning reform program with a new Discussion Paper focused on improving the way Development Applications (DAs) are prepared, lodged and assessed across the state. Following the recent consultations on Low-Rise Housing and Targeted Assessment and Variations and Changes to Complying Development, this latest proposal shifts the focus from …
The NSW Government has released an Explanation of Intended Effect (EIE) proposing a new statewide approach to conditions of consent issued with development approvals. While conditions of consent are an important part of every development approval, they can currently vary significantly between councils. This often means conditions need to be individually drafted, reviewed and negotiated …
The NSW Government is continuing its broader planning reform program with a proposed new approach to complying development that aims to introduce greater flexibility for straightforward residential projects. Unlike the recently exhibited Low-Rise Housing and Targeted Assessment Discussion Paper, which sought feedback on potential future planning reforms, this proposal has progressed to the next stage …
The Low and Mid-Rise Housing Reforms – Phase 2 launches in NSW, with key changes taking effect from 28 February 2025. The reforms expand planning provisions for dual occupancies, terraces, multi-dwelling housing, and residential flat buildings in designated areas. New non-discretionary standards streamline approvals, overriding local planning controls.
With the recent amendment to the State Environmental Planning Policy (Housing) 2021, NSW Government is committed to reaching the National Housing Accord target of 377,000 homes by mid-2029. In order to achieve this, the Minns Government is holding local and state governments accountable through a range of performance measures. The Housing SEPP amendment has brought …
In alignment with the National Housing Accord and following on from the proposal for low- and mid-rise reforms that went on exhibition from 15 December 2023 to 23 February 2024, NSW Government has introduced new amendments to the State Environmental Planning Policy (Housing) 2021. The aim of these reforms is to increase supply of low-rise …
Today, the Department of Planning and Environment placed on exhibition a document to help accelerate housing delivery in NSW. This document suggests some changes to the low rise housing diversity code that impacts dual occupancies, manor houses and terraces but also brings in multi dwelling housing, residential flat buildings and shop top housing; all of …
Continue reading “Introducing the Mid Rise Housing Diversity Code”
NSW Government’s Construct NSW strategy aims to restore consumer confidence by focusing on reform in 6 key areas of the building and construction industry. These include regulation, ratings, education, contracts, digital tools, and data and research. Led by the Office of the Building Commissioner (OBC), the changes will affect all building classes and stakeholders, including …
Continue reading “NSW Government ambitious plan to transform building industry”
In the wake of recent natural disasters and COVID-19, the NSW Government is committing to a plan that will see the revival of regional NSW.
A new approach to rezonings in NSW is here. Read more from es.au.
In working towards a net zero target by 2050, NSW Government has proposed an increase to BASIX standards for new residential buildings.
Following the Building Ministers’ Meeting (BMM) that took place on 30 April 2021, a consensus to include minimum accessibility provisions in the National Construction Code (NCC) 2022, was reached.
Following a recent Independent Commission Against Corruption (ICAC) Inquiry (Operation Dasha), the NSW planning department is exhibiting an Explanation of Intended Effect (EIE) that seeks to gather public feedback on new measures to improve the planning system.
The City of Parramatta Council has proposed a new Local Environmental Plan (LEP) to consolidate and replace the existing five planning controls that provide the legal guidelines for development and land use.
The Home Building Act 1989 regulates the residential building industry and certain specialist work in New South Wales. It addresses any residential works carried out by contractors and tradespersons, including construction of a new home and renovations or alterations to an existing home or structure.
A new Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) is likely to have an adverse effect on private developers.
The introduction of the (formerly) Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes.
For new developments that require local infrastructure and services, Council may collect a developer/local infrastructure contribution to help fund the provision.
While the new process for documenting Performance Solutions is not yet mandatory, practitioners are encouraged to exercise the steps outlined in A2.2(4) from now. The Australian Building Codes Board (ABCB) has put together a guide to assist in this transition.
In a bid to boost community confidence, the NSW Government has introduced a new legislation that aims to tackle ongoing issues with the building of residential apartments.
While many recent changes to legislation in the construction and land development industries have sought to improve the economic effects of COVID-19, a significant amendment to the Environmental Planning and Assessment Regulation 2000 (NSW) (EPA Reg) has seen the barrier to ‘physical commencement’ heightened.
Developers and landowners can breathe a sigh of relief as NSW Parliament introduces new amendments to the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) that aim to alleviate time pressures in the construction industry.
Since being introduced in 2004, the Building Sustainability Index (BASIX) requirements have set the ground rules for thermal comfort performance and water and energy usage within residential dwellings.
The NSW Government is seeking feedback on a new simplified Housing Code which sets out clear and simple planning rules for works that can be carried out under complying development.
NSW Fair Trading released a new guide to assist home owners and contractors if building work is in dispute.
The NSW Government has announced that the BASIX energy targets will be increased across the State in July 2017.
The General Housing Code is replaced with a new simplified Housing Code which sets out clear planning rules for complying development including one and two storey homes, renovations and extensions.
Experienced planning professionals will lead the panels, which will assess DAs that are sensitive in nature, or where there is a conflict of interest for council or developers.
In light of recent tragedies including Grenfell Tower in London and Lacrosse Building in Melbourne, the NSW Government will soon implement new laws for buildings with combustible cladding.
The NSW Government is making improvements to reinforce the building and certification system and up until 30th October 2018, you can have your say.
The National Construction Code (NCC) is an all-encompassing set of on-site construction requirements put together by the Council of Australian Governments (COAG).
The Low Rise Medium Density Housing Code has been deferred to allow for an independent review.
The Environmental Planning & Assessment Act 1979 is a legislation that provides the framework for the use of land in New South Wales.
The introduction of the new Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes. It has currently been implemented across 82 council areas in NSW and there are plans for the remaining 45 to adopt …
Continue reading “The Low Rise Medium Density Housing Code (MDHC) has been deferred again”
Canterbury LEP 2012 has just been amended (Amendment No 16). Clause 4.1C has been added to the LEP requiring minimum lot sizes and lot widths for Boarding Houses in its Residential Zones.
In line with NSW Government’s plan to deliver a final Design and Building Practitioners Bill 2019 by the end of the year, a draft will be open for public feedback until 16 October 2019. The Bill comes as a response to the April 2018 Building Confidence Report compiled by Professor Peter Shergold and Ms Bronwyn Weir. It …
Continue reading “Draft Design and Building Practitioners Bill 2019”
Currently, builders and tradies insured under the Home Building Compensation Fund (previously known as Home Owners Warranty) are subject to a capped amount of insurance they can purchase each year, restricting the number of projects that can be taken on.
A Review of Complying Development for Inland NSW’ sets out proposed changes to the State Environment Planning (Exempt and Complying Development Codes) 2008 will apply to all residential complying development for 83 local government areas west of the Great Dividing Range.
The Department of Planning and Environment (the Department) is examining opportunities to provide
greater housing choice and better design for medium density housing across NSW.
The department of planning has launched a suite of new online tools to help modernise the planning system in NSW and make it easier for people to access planning information.
The Australian Building Ministers’ Forum agreed in principle to make the 2015 National Construction Code (NCC) and future editions freely available online, significantly contributing to reducing the burden of building regulation.
Swimming pool owners have until the 29th of October 2013 to register their swimming pool, or a minimum fine of $220 (maximum $2,200) may be imposed.
A review of the NSW planning system has taken place. This has resulted in a new planning system for NSW.
The proposed changes to charge for BASIX Certificates put forward in November, 2010 to the Environmental Planning and Assessment Regulations 2000, will come into effect 1st July, 2011.
State Government in an aim to clear up grey areas and combat misuse of SEPP (Affordable Rental Housing) 2009 have enforced the following changes
The NSW Government is continuing its work to reform the planning system through the proposed Low-Rise Housing and Targeted Assessment framework. While the public exhibition of the discussion paper has now concluded, the proposal remains under consideration, with the Department of Planning, Housing and Infrastructure (DPHI) reviewing submissions before determining the next stage of the reform process.
For property owners, developers, architects and building designers, understanding what is being proposed; and what has not yet changed, is essential.
At ES Planning, we regularly monitor planning reform across New South Wales to help our clients understand how policy changes may influence future development opportunities. This article explains the Government’s discussion paper in practical terms, clarifies where the reforms currently stand, and outlines what they could mean if ultimately implemented.
Where do the reforms currently stand?
The Low-Rise Housing and Targeted Assessment Discussion Paper was exhibited from 14 May to 24 June 2026. The exhibition has now closed and the proposal is under consideration while DPHI reviews submissions.
The discussion paper is not an Explanation of Intended Effect (EIE), nor does it introduce immediate changes to the planning system. Although the legislative framework supporting targeted assessment has commenced, the pathway cannot operate until future planning instruments, including a State Environmental Planning Policy (SEPP), are prepared and implemented. Until then, the current planning framework remains unchanged.
Why is the NSW Government proposing these reforms?
According to the discussion paper, around 50% of all development applications lodged across NSW relate to low-rise housing, including one and two-storey dwelling houses, dual occupancies and multi-dwelling housing. The Government is exploring whether these generally low-impact, low-risk developments can be assessed through a more proportionate process that focuses on site-specific issues while maintaining good planning outcomes.
Understanding the current planning approval pathways
Residential development is generally approved through Exempt Development, Complying Development or a Development Application (DA). The discussion paper explores introducing a Targeted Assessment Pathway between complying development and a traditional DA for eligible low-rise housing.
What is the proposed Targeted Assessment Pathway?
The proposed pathway would focus assessment on planning matters specific to an individual site while recognising that broader strategic planning decisions may already have been addressed through planning policy. Eligible development would still require development consent, and councils would remain the consent authority. The Government has proposed a target assessment timeframe of 50 days.
What types of development is the proposal intended to cover?
The proposal focuses on eligible low-rise residential development such as detached dwellings, dual occupancies, terraces and townhouses. The proposed code would address built-form matters such as height, floor area, setbacks and landscape area, together with environmental matters including tree retention, stormwater, waste management, biodiversity and contamination.
What developments would not be eligible?
The proposed pathway is intended for low-risk residential development only. Designated development and State Significant Development, including projects such as coal mines, major renewable energy projects, landfill and waste management facilities, would continue to follow their existing assessment pathways.
What planning matters would still require assessment?
One of the key objectives of the proposed Targeted Assessment Pathway is to make assessment more proportionate to the complexity of eligible low-rise housing developments.
Rather than requiring every planning matter to be reconsidered during the development application process, the proposal would allow certain matters to be addressed earlier through strategic planning, the proposed code and future SEPP provisions.
This means the assessment undertaken by the consent authority would become more focused, concentrating on planning issues that remain specific to the individual site and proposal.
Depending on the circumstances, assessment may continue to consider:
• Vehicle access and manoeuvring
• Privacy and overlooking
• Solar access
• Overshadowing
• Landscaping
• Infrastructure servicing
• Other site-specific environmental constraints
The discussion paper also explains that certain broader planning considerations ordinarily addressed during a traditional development application assessment are intended to be resolved through the strategic planning framework and the future code before an application reaches the development assessment stage.
In practice, the proposal seeks to shift where some planning decisions are made, rather than removing planning assessment altogether. The intention is to reduce duplication by focusing assessment on the matters that genuinely require site-specific consideration while maintaining appropriate planning outcomes.
Heritage and hazard-affected land
The Government’s preliminary position is that heritage items and heritage conservation areas are generally not suited to a standardised code-based assessment process. Similarly, the discussion paper indicates a preference to avoid intensification on meaningfully hazard-affected land while recognising that replacement dwellings or alterations may still be appropriate where risks can be managed.
Will neighbours still be notified?
There is a draft Community Participation Plan (CCP) will outline the exhibition requirements for targeted assessment applications. However, the current draft is proposing that applications that meet permissibility, planning controls and do not propose Clause 4.6 variations are to be exempt from public exhibition and notifications. Further information will also be provided in a future EIE for targeted assessments.
Will councils lose planning powers?
No. Councils would continue to assess and determine eligible applications. What would change is the scope of the assessment. Under the proposed framework, some planning matters ordinarily considered during a traditional development application would instead be addressed through the strategic planning framework, eligibility criteria and future SEPP provisions.
What about referrals to other government agencies?
Referral and concurrence requirements are not proposed to be removed. Existing legislative referral processes would continue where applicable.
What happens next?
DPHI is reviewing submissions. If the Government decides to proceed, a future Explanation of Intended Effect (EIE) is expected before a draft SEPP is prepared and implemented. Until then, the current planning framework remains in force.
How ES Planning can help
Planning legislation continues to evolve, and understanding proposed reforms alongside the current planning framework can be challenging.
At ES Planning, we actively monitor legislative amendments, planning policy updates and strategic reforms across New South Wales. Our role is not only to prepare development applications but also to help clients understand how planning policy may influence future opportunities, project feasibility and approval pathways.
Whether you’re considering a new home, dual occupancy, townhouse development or a larger residential project, obtaining planning advice early can help identify constraints, reduce project risk and establish the most appropriate approval strategy based on the planning controls that apply today.
Key Takeaways
- Consultation closed on 24 June 2026 and the proposal is now under consideration.
• The discussion paper does not change the current planning framework.
• Targeted assessment will not operate until future planning instruments are implemented.
• Councils remain the consent authority.
• The pathway is intended for eligible low-risk residential development.
• Existing planning controls continue to apply.
