Until 24/4/25 a consent authority was precluded from refusing development consent on the amount of car parking provision, provided that the “parking formula” was being applied. The “parking formula” has now become a conventional development standard, which means that a development consent now cannot be granted unless the above car parking minimums are met in a development that includes state infill affordable housing (unless a clause 4.6 request is submitted and is upheld).

See the full article from Mills Oakley here.

The new ‘mid rise’ pattern book is now in force.  It makes it possible to secure development consent for new development configurations that would, in some areas, not previously have been approvable.

Patterns: However where an incentive height or floor space ratio is available (such as infill affordable housing) the patterns can be used, but the permitted floor space ratio or height may not be realised if the patterns do not give a developer sufficient storeys or footprint.

Solar Access for apartments being built: At least 70 per cent of apartments in a building mudt receive a minimum of two hours direct sunlight between 9am and 3pm at mid winter in the Sydney metropolitan area. A maximum of 15 per cent of apartments in a building can receive no direct sunlight between 9 am and 3 pm at mid winter.

Solar access for neighbours of mid-rise apartments: Overshadowing impacts to neighbouring sites need to be minimised. A minimum of three hours of sunlight to at least 50 per cent of private open space areas between 9am to 3pm on 21 June. Setbacks may need to be increased to maximise solar access and to minimise overshadowing from adjoining buildings.

See the full article from Mills Oakley here.

It is now clear that a lot will now be included in a ‘low and mid rise housing’ area if part of a lot is on land that is within the nominated walking distance.

The new provision will in ‘low and mid rise housing’ areas, assist the subdivision of multi dwelling housing in zones R1, R2, R3 and R4 if:

• the subdivision would not be permitted under a local environmental plan; and

• chapter 6 of the Housing SEPP applies,

See the full article from Mills Oakley here