Low and Mid Rise Housing Reform – Stage 1
On 1 July 2024 the NSW Government introduced Stage 1 of their Low and Mid-Rise Housing reforms. Stage 1 made dual occupancies and semi-detached homes permissible in the R2 Low Density Residential zone across all of NSW. This did not directly impact Fairfield LGA as dual occupancies and semi-detached dwellings were already permissible in the LGA, supported by relevant minimum lot sizes for dual occupancies (primarily 600 sqm in the eastern parts of the LGA and 900 sqm in the rest of the LGA).
Low and Mid Rise Housing Reform – Stage 2
On 28 February 2025 the NSW Government introduced the Low and Mid-Rise Housing Reforms. The housing reforms aims to fill the gap between freestanding homes and high-rise apartment buildings, so that everyone can have a choice in the type of homes they live in.
The Low and Mid-Rise Housing Policy will be part of the State Environmental Planning Policy (Housing) 2021. The policy will change planning controls within 800 metres of well-located shops, services and transport hubs to allow low and mid-rise housing.
Dual Occupancies
Council currently permits dual occupancies in the R2 and R3 zone. In the R2 zone Council has a minimum lot size based on location. Some areas in close proximity to services and transport have a minimum lot size for dual occupancy of 600sqm, while the remainder of the R2 zoned areas have a 900sqm minimum lot size for dual occupancy.
The new State provisions include a 450sqm minimum lot size for dual occupancy along with a range of other non-discretionary development standards. These provisions will only apply to mapped areas around Fairfield, Cabramatta and Canley Vale. Link to the Low and Mid-Rise Housing Policy Indicative Map
Multi dwelling housing (townhouses and terraces)
Multi dwelling housing and terraces are currently permitted in R3 and R4 zones in Fairfield LGA. The new Stage 2 provisions allow these housing typologies within the R2 zone; however, these provisions will only apply to mapped areas around Fairfield, Cabramatta and Canley Vale. Link to the Low and Mid-Rise Housing Policy Indicative Map
A range of new non-discretionary development standards apply for multi dwelling housing in these precincts including minimum lot size of 600sqm, floor space ratio of up to 0.7:1 and maximum height of building of 9.5 metres.
Residential flat buildings and shop top housing
Residential flat buildings (or apartments) are currently permitted within the R4 zone in Fairfield LGA, primarily around centres such as Fairfield, Villawood, Canley Vale and Cabramatta. The new Stage 2 provisions identify a change in permissibility with these types of developments now permissible within the R2 and R3 zones in those areas mapped around Fairfield, Cabramatta and Canley Vale. Link to the Low and Mid-Rise Housing Policy Indicative Map
A range of new non-discretionary development standards apply for apartments in these precincts. Lower scale apartment developments are permissible in the R2 zones, while within the R3 and R4 zones up to 4 - 6 storey apartments are permissible within 400-800 metres of a mapped station or centre.
Further details on the development standards can be viewed on the NSW DPHI website. Key Provisions
Non-discretionary standard
A non-discretionary development standard, also known as a non-refusal standard, provides consistent development assessment guidelines for matters like building heights, floor space ratio or lot size and apply to the Low and Mid Rise Housing precincts in the Fairfield LGA. A non-discretionary standard can overrule a local environmental plan (LEP) or development control plan (DCP) standard. If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application because it does not meet the LEP or DCP standard.
Exclusions and constraints
NSW DPHI identify a list of exclusions that are based on hazard and constraint mapping.
The key constraints that affect Low and Medium Rise Housing precincts in the Fairfield LGA include (but are not limited to):
More information can be viewed on the NSW Department of Planning, Housing and Infrastructure website link below.
Link: NSW DPHI – Low and Mid-Rise Housing Reforms