Important amendments to Housing SEPP

The Department of Planning, Housing and Infrastructure has announced important amendments to State Environmental planning Policy (SEPP) (Housing) 2021 in relation to affordable housing and seniors housing.

Firstly, in relation to affordable housing, the amendments convert the car parking rates for affordable housing developments from a non-discretionary development standard to a conventional development standard that must be complied with in order for consent to be granted (although this standard can be varied through a clause 4.6 request).

A requirement for consent authorities to consider TNSW’s Guide to Transport Impact Assessment has also been added.

Secondly, the following amendments have been made in relation to seniors housing:

• clarification that all seniors housing types, including independent living units, residential care facilities and hostels, can access non-discretionary height and FSR standards in low and mid rise housing areas

• inclusion of specific non-discretionary standards for seniors housing

• new requirement for consent authorities to consider DPHI’s Tree Canopy Guide for Low and Mid Rise Housing in relation to seniors housing DAs R3 and R4 zones in a low and mid rise housing area

• clarification that heights in other planning instruments would apply if greater than the height controls contained in the SEPP in relation to residential zones in which residential flat buildings are not permitted

• within a transport orientated development area, the maximum building height of 24m applying to independent living units has now been extended to all seniors housing types

The above amendments only apply to DAs lodged after 24 April 2026.

For advice on how these amendments may affect your development or assistance in preparing a relevant DA, please contact admin@keylan.com.au.