State Environmental Planning Policy (Housing) 2021

This Policy is State Environmental Planning Policy (Housing) 2021.

This Policy commences on the day on which it is published on the NSW legislation website.

The principles of this Policy are as follows—

enabling the development of diverse housing types, including purpose-built rental housing,

encouraging the development of housing that will meet the needs of more vulnerable members of the community, including very low to moderate income households, seniors and people with a disability,

ensuring new housing development provides residents with a reasonable level of amenity,

promoting the planning and delivery of housing in locations where it will make good use of existing and planned infrastructure and services,

minimising adverse climate and environmental impacts of new housing development,

reinforcing the importance of designing housing in a way that reflects and enhances its locality,

supporting short-term rental accommodation as a home-sharing activity and contributor to local economies, while managing the social and environmental impacts from this use,

mitigating the loss of existing affordable rental housing.

The Dictionary in Schedule 10 defines words used in this Policy.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

Unless otherwise defined in this Policy, words used in this Policy, other than in Schedule 1 or 2, have the same meaning as in the standard instrument.

A reference in this Policy to a business zone is taken, on and from 26 April 2023, to include a reference to Zones E1, E2, E3, MU1 and SP5.

A reference in this Policy to an equivalent land use zone is a reference to a land use zone under a non-standard instrument that—

the Planning Secretary has determined under the Codes SEPP, section 1.6 is a land use zone in which equivalent land uses are permitted to the land uses permitted in a named land use zone, or

if no determination has been made for the zone—is a land use zone in which, in the opinion of the relevant public authority, equivalent land uses are permitted to the land uses permitted in a named land use zone.

For the purposes of subsection (1)(b)—

the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and

more than 1 opinion may be formed in relation to the same land use zone.

If a non-standard instrument and a draft standard instrument applies to land, a reference in this Policy to a lot or land in an equivalent land use zone is a reference to the lot or land in the named land use zone in the draft standard instrument.

In this section—

draft standard instrument means a draft environmental planning instrument—

in the form referred to in the Act, section 3.20(2), and

in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.

equivalent land use zone means a land use zone equivalent to a named land use zone.

named land use zone means a land use zone named in the standard instrument.

non-standard instrument means an environmental planning instrument that is not made as provided by the Act, section 3.20(2).

relevant public authority means—

the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or

if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.

In this Policy, development permitted without consent may be carried out without another consent or a licence, permission, approval or authorisation otherwise required under another environmental planning instrument.

Note—

Development permitted without consent may be subject to environmental assessment and approval requirements in the Act, Part 5.

This Policy applies to the State.

Unless otherwise specified in this Policy, if there is an inconsistency between this Policy and another environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

State Environmental Planning Policy (Sustainable Buildings) 2022, Chapter 2 prevails over this policy, Chapter 4, to the extent of an inconsistency.

For the purposes of enabling development to be carried out in accordance with this Policy or with a development consent granted under the Act, an agreement, a covenant or another similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve that purpose.

Subsection (1) does not apply to—

a covenant imposed by a council or that the council requires to be imposed, or

a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or

a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or

the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, for a set aside area under the Local Land Services Act 2013, Part 5A, or

a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

a planning agreement, or

a covenant in favour of Sydney Water Corporation or a water supply authority listed in the Water Management Act 2000, Schedule 3.

This section does not affect the rights or interests of a public authority under a registered instrument.

Before this Policy was made, the Governor approved this section under the Act, section 3.16.

The following environmental planning instruments are repealed—

State Environmental Planning Policy (Affordable Rental Housing) 2009,

State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).

The following environmental planning instruments, as amended by Schedule 8, are repealed—

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,

State Environmental Planning Policy No 21—Caravan Parks,

State Environmental Planning Policy No 36—Manufactured Home Estates.

A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—

approved by the Minister when the map is adopted, and

as amended or replaced from time to time by maps—

declared by environmental planning instruments to amend or replace the map, and

approved by the persons making the instruments when the instruments are made.

Two or more named maps may be combined into a single map and a reference in this Policy to the named map is a reference to the relevant part or aspect of the single map.

The maps adopted by this Policy must be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister.

The Interpretation Act 1987, section 30A is taken to apply to the following provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule—

Chapter 3, Parts 8 and 9,

Schedules 4, 5, 6 and 7.

Note—

The Interpretation Act 1987, section 30A provides—

the transfer of a provision does not affect the operation or meaning of the provision, and

a transferred provision is to be construed as if it had not been transferred.