New TOD Reforms

  • Latest News

May 2024

By Mecone

By Mecone

The Department of Planning, Housing and Infrastructure has recently gazetted an amendment to the Housing SEPP creating a new Chapter 5 (Transport oriented development), to begin implementing the widely anticipated Transit Oriented Development (TOD) progra  

These reforms will come into effect for 18 of the 37 specified stations on 13 May 2024, with controls for the remaining 19 stations estimated to be implemented between July 2024 and June 2025. The new planning controls apply to majority of sites within a 400m radius around specified stations, forming Part 2 of the TOD program with the accelerated precincts forming Part 1 expected to be implemented late 2024.

Since exhibition of the proposed planning controls, there have been several changes to key planning controls, including:

  • Building height has been increased from 21m to 22m for residential flat buildings (RFBs)
  • Building height has been increased from 21m to 24m for ‘shop top housing’
  • FSR has been reduced from 3.0:1 to 2.5:1 for all schemes
  • As such, the new planning controls for the TOD areas are as follows:
  • Permissibility – RFBs are permissible in residential (R1, R2, R3, R4) and local centre zones (E1), along with shop top housing in local centre and commercial zones (E1 and E2).
  • Building height – 22m maximum height for RFBs and 24m maximum height for buildings containing shop top housing unless existing LEP controls are higher.
  • Floor space ratio – A maximum FSR of 2.5:1 (unless existing LEP controls are higher).\
  • Lot width & size – Minimum lot width of 21m and no minimum lot size.
  • Street frontages – Active street frontages in local centre zones required in local centre zones at the ground floor.
  • Affordable housing – A 2% mandatory affordable housing contribution to be delivered on site and in perpetuity for developments with a GFA over 2000sqm and is to be managed by a Community Housing Provider. The percentage of the affordable housing contribution will increase over time.
    Apartment Design Guide – The ADG will continue to apply to apartment development in TOD precincts.
  • Heritage – The controls do not apply to land that contains a heritage item (local or state), an Aboriginal object, a site within an Aboriginal place of heritage significance, or archaeological sites. The policy applies to heritage conservation areas, however, new development will need to ‘improve and enhance the heritage values’ of those locations.To find out if any of your properties are affected by the new and upcoming reforms, visit or contact the Mosaic team at you have any queries regarding these planning reforms, please feel free to reach out to us here at Mecone to discuss how we may be able to assist.