The State Government introduced new ‘rules’ referred to as non-discretionary development standards for the housing types allowed under the LMR Policy. These include:
- Height of Building - how tall the building can be.
- Floor Space Ratio - how many square metres the building can be.
- Minimum Lot Size & Minimum Lot width - how big and wide a site needs to be to be developed for the different housing types.
- Maximum car parking spaces - how many cars need to fit on the site.
These non-discretionary ‘rules’ only apply within the Low and Mid-Rise Housing Areas identified as part of Stage 2 of the LMR Policy (see Question 2 for the areas in the City of Parramatta).
If a development application is lodged within a Low and Mid-Rise Housing Area for one of the low and mid-rise housing types, and meets these rules, then the application cannot be refused on these grounds.
Non-discretionary subdivision standards have also been introduced for dual occupancies and terraces within the Low and Mid-Rise Housing Areas where subdivision was already permitted via a LEP. The Low and Mid-Rise Housing Policy in Chapter 6 of the Housing SEPP 2021 does not expand the permissibility of subdivision; rather it has introduced development standards for where subdivision was already permitted with development consent within the Low and Mid-Rise Housing Areas.
What if the controls in the LEP or DCP are greater than the LMR policy?
If the development standard in Parramatta LEP is higher than the development standard in the LMR Policy, then the development application can utilise this higher control. For example, if Council’s LEP FSR is 1.99:1 and Chapter 6 of the Housing SEPP 2021 FSR is 1.5:1, then Council’s FSR control on the LEP Map can be used.
For details on the rules, please visit the Department’s website.
In addition, these rules only apply to land within a Low and Mid-Rise Housing Area (including land within a Heritage Conservation Area but excluding sites with Heritage Items). All other land within the City of Parramatta are subject to the development standards within the Parramatta LEP 2023 and Parramatta-DCP-2023.pdf(PDF, 87MB). This includes an application for a dual occupancy on land outside of a Low and Mid-Rise Housing Area, even if it was newly permitted under Stage 1 of the LMR Policy (see Question 2).