Low and Mid-Rise Housing
The NSW Department of Planning, Housing and Infrastructure (DPHI) published low and mid rise (LMR) housing provisions in Chapter 6 of the State Environmental Planning Policy (Housing) 2021 on 28 February 2025. Since publication, there has been confusion by local governments, the community, and applicants about how to apply and interpret the provisions.
This page provides clarity and guidance for how Blacktown City Council will assess development applications against these provisions. This information is current as of 9 September 2025 and may be subject to change.
What properties/lots are in LMR areas?
Properties within LMR areas (which are not excluded by the criteria under Clause 164 of the SEPP) are publicly accessible to view on Council’s GIS map. Turn on the map layer titled 'low & midrise housing' and search for your property address. If your property is coloured orange, then it is within an 'inner low and mid rise area'. If your property is coloured blue, then it is within an 'outer low and mid rise area'. If your property is not coloured, then it is not within any LMR area.
If an applicant disagrees with Council’s mapping, there is opportunity for the applicant to demonstrate within the Statement of Environmental Effects report accompanying their Development Application how their property/lot meets the criteria. There is no guarantee that Council will agree with the applicant’s conclusion, however, it will be considered as part of the application assessment. Council’s GIS mapping is highly accurate, so if a property/lot is not marked as subject to the provisions then it most likely is not.
How will Council consider the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025 in LMR areas?
Clauses 167, 171 and 177 of the SEPP require the consent authority to consider the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025. This Guide outlines tree canopy, deep soil and tree planting requirements for low and mid rise housing types. Blacktown City Council expects applicants to comply in full with these requirements.
How will Council assess car parking in LMR areas?
Clauses 168, 172 and 179 of the SEPP outline minimum car parking requirements, which if met, prevent a consent authority from requiring more onerous requirements. These only apply where a maximum car parking rate is not included in the Blacktown Development Control Plan 2015.
As the Blacktown Development Control Plan 2015 does not currently have maximum car parking rates for these building types, the following SEPP minimum car parking requirements apply regardless of the minimum car parking rates stipulated in the Blacktown Development Control Plan 2015:
- dual occupancies – 1 per dwelling
- multi-dwelling housing – 1 per dwelling
- multi-dwelling housing (terraces) – 0.5 per dwelling, rounded up
- residential flat buildings and shop top housing in R1 and R2 zones – 0.5 per dwelling, rounded up.
What controls apply where the LMR controls are silent – for example, setbacks?
The Blacktown Local Environmental Plan 2015 and the Blacktown Development Control Plan 2015 controls apply to LMR areas, unless a control in Chapter 6 of the Housing SEPP says otherwise or already covers that matter. For example, the Housing SEPP outlines building height controls for LMR development which prevail over Councils controls for building height. However, because the Housing SEPP does not discuss setback controls, Councils controls for setbacks apply.
How do in-fill affordable housing bonuses interact with the LMR provisions?
Chapter 2 Part 2 Division 1 of the Housing SEPP allows development providing affordable housing to benefit from floor space ratio and building height bonuses. These bonuses can be accessed on top of the maximum floor space ratio and maximum building height standards prescribed under Chapter 5 of the Housing SEPP. For example, if a development meets the criteria for a 30% FSR bonus under Chapter 2 of the SEPP and Chapter 5 permits a maximum floor space ratio of 0.8:1, then a revised prevailing maximum floor space ratio of 1.04:1 applies.
How will Council consider other clauses under Chapter 6 of the Housing SEPP?
Other clauses under Chapter 6 of the Housing SEPP are considered to be clear in their intention and application. They include development standards which apply to development in LMR areas including:
- minimum lot size for construction and subdivision
- minimum lot width for construction and subdivision
- maximum floor space ratio
- maximum building height.
A summary of key development standards can be accessed on DPHI’s website - https://www.planning.nsw.gov.au/policy-and-legislation/housing/low-and-mid-rise-housing-policy/summary-of-key-provisions
How will Council calculate whether a property/lot is in an LMR area or not?
Clause 163 and Schedule 11 of the SEPP defines a LMR housing area in Blacktown City Council as land within 800m walking distance of:
Schedule 10 of the SEPP defines walking distance as “the shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings”.
The walking distance calculation route:
- is to start at a location shown in figures 1 – 5
- may follow publicly accessible through-site links on private land which are open 24/7 to the public (for example, the ground floor public accessway of Seven Hills Park & Ride at 198 Prospect Highway, Seven Hills – see figure 2)
- may not cross private land that is not open 24/7 to the public (for example, Westpoint Blacktown)
- may follow pedestrian paths (paved or landscaped) within reserves, parks and other public open space
- should be calculated using the measure tools on Google Maps or Council’s GIS map
Provided part of a site is within the nominated walking distance then the entire site is considered to be within that LMR area. Also, if multiple sites are proposed for amalgamation under a DA and only one of the sites is located in a low and mid rise area, then all sites subject to the amalgamation are considered to be in the low and mid rise area for the purpose of that DA.
I still have questions about the LMR housing provisions. Who can I ask?
The NSW Department of Planning, Housing and Infrastructure (DPHI) are responsible for preparing and publishing the policy (and future updates to it). They decide what the LMR planning standards are, and what properties are able to use them.
Please contact the NSW Department of Planning, Housing and Infrastructure (DPHI) via email on lowandmidrisehousing@planning.nsw.gov.au if you have any further questions or feedback about the NSW Government legislation.
Blacktown City Council's role is to assess development applications using NSW Government policy, but does not have any control over the contents of NSW Government policy.