Summary of Lane Cove Council Information Session: Low and Mid-Rise Housing Reforms

On Monday, 24th March 2025, the Lane Cove Council held a community information session to discuss the New South Wales government’s Low and Mid-Rise Housing Reforms. The session aimed to clarify the new low and mid-rise housing reforms and their potential impact on the Lane Cove Local Government area and was led by Mark Brisby Lane Cove Council’s Director – Planning and Sustainability and Chris Shortt Town Planner.

Key Points Discussed:

• National Housing Accord:
  • The Australian government’s target is to build 1.2 million homes by mid-2029.
  • NSW’s share of this target is 377,000 homes.
  • Lane Cove LGA’s target is 3,400 dwellings by 2029.
• Transport Oriented Development (TOD):
  • The TOD, particularly around the Crows Nest metro station, has already led to increased density in certain areas.
  • Developments within the TOD are assessed through a state-significant development process.
• Lane Cove Village Atmosphere Maintained
  • • It was noted that Planning NSW agreed with Lane Cove Council’s submission that the Mid and Low Rise Housing reforms would not apply to the Lane Cove Village (E1 zone).  This means that there will not be shop-top housing or apartments along Longueville Road that could be up to 9 Stories high (if you add on the Affordable Housing bonus).
    • Lane Cove Council has said that locals’ feedback was that the Village atmosphere should be maintained. It is noted that the St Andrews Church site is not part of the Town Centre, and therefore, the exemption does not apply.
• Low and Mid-Rise Housing Reforms (LMR):
  • These reforms introduce new planning controls for low and mid-rise housing within 800 meters of designated town centre and railway station – in this case the Lane Cove Village and St Leonards and Wollstonecraft stations.The most typical queries the Lane Cove Council planning team has received relate to dual occupancies.Lane Cove Council has permitted dual occupancies since the 1990’s.  Now two sets of rules apply to dual occupancies in the Lane Cove Council area.If you live within 800 m of a town centre or St Leonards/Wollstonecraft station the rules that apply are set out in the NSW Government’s Low and Mid Rise Housing reform policy.
    If you live outside the 800 m area, you are governed by the rules set out in the Lane Cove Council’s LEP.The existing rules provide that a dual occupancy/duplex can be built upon 750 square metres (attached) or 900 square metres (detached), but not subdivided.One resident noted that for those who live outside the 800 m zone, each lot must be at least 550 sq m. This means a lot must be at least 1,100 square meters to qualify (as distinct from the 450 sq mtrs).

    

• Dual Occupancies:
  • Dual occupancies are now permitted in R2, R3, and R4 zones within the 800-meter radius.
  • Nondiscretionary standards apply, including:
    • Minimum lot size: 450 square meters.
    • Minimum lot width: 12 meters.
    • Maximum Floor Space Ratio (FSR): 0.65 to 1.
    • Maximum building height: 9.5 meters.
    • Minimum of one car space per dwelling.
    • Subdivision must be Torrens title, not strata.
    • Minimum subdivision lot size: 225 square meters per lot.
    • Minimum subdivision lot width: 6 meters.

In R2 zone located within 800m a three-storey residential flat building is permitted

• 400/800m – How Do You Calculate:
  • The 400m/800m Walking Distance rule is measured from the end of the Lane Cove Town Centre (see map below).
  • Walking distance is measured by the shortest distance a pedestrian can safely walk using public footpaths and crossings, not as the crow flies. An example was given of the public frequently crossing River Road to access the St Leonards Station.  It was noted that this is not a public crossing.  ITC Note: Walking Distance is not a new concept and has been in the Housing SEPP since 2021.  It is also a concept used in the Affordable Housing SEPP and already, the Land and Enviornment court has delivered judgement on walking distance – for example, a Hills Shire Case and a Northern Beaches Case.
  • Council noted that landowners are responsible to prove that their lot is within the 400/800-meter walking distance. It was suggested that a surveyor’s report would be need with each Development Application.  It was also noted that as far as Lane Cove Council was aware the new rules relating to dual occupancies will not allow a Complying Development Certificate and therefore a DA must be lodged if a landowner wants to take advantage of the new rules for dual occupancies.
  • It was also noted that to fall within the 800m it only had to be a be a small section of your property.  The whole property did not need to be within the 800m.To calculate the distance, you use a measuring tool on Planning NSW’s indicative map – but there is a disclaimer saying that the map is only indicative and you must obtain your own advice.  Link to indicate map tool here and see our cover photo

• Exclusions:
  • The reforms do not apply to properties affected by bushfire zones and buffer zones, heritage items, coastal wetlands, littoral rainforests, or proximity to high-pressure pipelines.
• Tree Canopy:
  • A tree canopy guide has been released, but it is a guide, and not mandatory.
• Pattern Book:
  • The state government is creating a pattern book with standardised housing designs.  I

General Observations

• The council emphasized that these reforms are state government initiatives, and they are working to manage their implementation within the local context.
• The council stated that they currently have no plans to change zoning within the Lane Cove Local Government Area – so for example rezoning a R2 section into a R3 and thus allowing more developments with more storeys.
• The council will post the information from the session to their website.
• The council will seek clarification from Planning NSW regarding the properties on Kara Street and Taylors Lane which are specifically excluded on the indicative map and are within the 800m zone.  Council thinks it might be related to the entrance to the Lane Cove Tunnel.

Both Lane Cove Council and Willoughby City Council have held information sessions on the new Low and Mid-Rise Housing Reforms.   Lane Cove North locals who live on the Mowbray Public School side of Mowbray Road are in the Willoughby City Council area.

The information session webinars are online; the links are below.

Lane Cove Council – The webcast recording is available here.
Willoughby City Council – The webcast recording is available here.

As ITC has previously reported the changes are complex and you cannot rely on the indicative maps you will need a town planner or surveyor to assist you in establishing if your property lies within the 400m/800m zone.

The NSW State government has finally updated the NSW Planning Portal Spacial Viewer.  You do not measure the 400/800m from a specific point such as the Lane Cove Post Office or the Lane Cove Council Chambers.  Read this article to see more about the Low and Mid Rise Housing Reforms.

We have previously reported that reforms designed to boost the housing supply have generated a “maze of confusion”. Read our article here.  Our article highlights the complexity of the changes and the need for clear communication.

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