Posted on November 27, 2024 by Katie Mortimer and Samantha Hainke

Amendments to create 7 TOD Accelerated Precincts commence

In July the NSW Government identified 8 ‘Transport Oriented Development accelerated precincts’ where it proposed to fast-track rezonings to boost housing supply near major transport hubs. It was announced on Monday that changes to planning controls would commence today for 7 of the 8 precincts.

Amendments to the Environmental Planning and Assessment Regulation 2024, State Environmental Planning Policy (Housing) 2021 (Housing SEPP), State Environmental Planning Policy (Biodiversity and Conservation) 2021 (BC SEPP) and various local environmental plans (LEPs) were published and commenced today (Amending Instruments).

The 7 TOD accelerated precincts are in Bankstown, Bella Vista and Kellyville, Crows Nest, Homebush, Hornsby and Macquarie Park. 

The Amending Instruments make different changes across the 7 TOD accelerated precincts with some containing specific requirements for development on key sites, provisions allowing incentive floor space and building height, and various others. 

Key changes across all precincts are: 

  • the amendment and replacement of maps adopted under the LEPs, to the maps approved by the Minister on the making of the instruments. Updated maps for LEPs are available on the environmental planning instruments page of the Planning Portal (save for Bankstown where the Council has adopted digital mapping). 
  • the insertion of new affordable housing provisions to the precincts’ LEPs: 
    • the LEPs applying to the Canterbury-Bankstown, Crows Nest, Bella Vista and Kellyville and Homebush precincts now specify ‘Affordable Housing Principles’ for each precinct. Development consent must not be granted in certain circumstances, unless the consent authority has considered the relevant Affordable Housing Principles and the impact of development on the existing mix and likely future mix of residential accommodation in the area. A consent authority has a discretion to impose a condition requiring affordable housing contributions, calculated on a percentage of gross floor area. That contribution can be satisfied via monetary contribution or the dedication of land comprising dwellings. 
    • the LEPs applying to the Hornsby and Macquarie Park precincts now include a provision giving a consent authority a discretion to impose a condition requiring affordable housing contributions in certain circumstances, calculated as a percentage of gross floor area. That contribution can also be satisfied via monetary contribution or the dedication of land comprising dwellings. 
  • for 6 of the precincts ‘Transport Oriented Development Precinct Design Guides’ now apply to development for particular land:
    • in Crows Nest, Hornsby and Macquarie Park, development consent must not be granted for development on particular land unless the consent authority is satisfied the development will be consistent with the relevant design guide. 
    • by comparison in Bella Vista and Kellyville, and Homebush, a consent authority is only required to consider the relevant design guide – with some requirements to be satisfied for specified sites. The requirement to consider the guide is evidently less onerous than reaching a state of satisfaction. 
    • there is no design guide for Bankstown. 

The NSW Government had previously announced it would: 

  • create a ‘design competition exemption pathway’ as an alternative to a requirement in an LEP that a competitive design process be undertaken if a development meets a particular threshold (being a specified height or located on a key site).
  • exempt local and regionally significant development within the TOD accelerated precincts from certain concurrence and referral requirements. At the time of writing this proposed exemption has not been given effect.
    • An amendment has been made to the BC SEPP, to exempt development from requirements relating to Aboriginal places of heritage significance, archaeological sites and the demolition of nominated State heritage items in Sydney Harbour, provided the development is for the purposes of residential accommodation or a mixed use development including residential accommodation and on land identified as an ‘Accelerated TOD Precinct’ on a new map inserted to the Housing SEPP. 
  • exempt the TOD accelerated precincts from the in-fill affordable housing bonuses under Chapter 2 of the Housing SEPP. This has occurred via an amendment to section 15C of the Housing SEPP.

The NSW Government has stated that public exhibition of the 8th proposed precinct in Bays West is expected in 2025. 

The Amending Instruments are available below: 

Read our earlier post on the announcement of these changes here: Proposed changes to streamline development assessment in TOD Accelerated Precincts.

To discuss this post please contact Katie Mortimer on 8235 9716 or Samantha Hainke on 8235 9727.

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