NSW SEPPs & LEP Overlays
NSW planning runs on three layers — the LEP (zoning and local controls), the DCP (council design and development guidance), and SEPPs (State Environmental Planning Policies that sit above the LEP and apply state-wide). Most projects also intersect with mapped LEP overlays — heritage, bushfire, flood, foreshore — that add extra requirements on top of the zone.
Every property's applicable SEPPs and overlays are listed on its Section 10.7 planning certificate, which you can request from your local council. The NSW Planning Portal also shows most mapped controls on the Spatial Viewer.
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Key SEPPs (state-level policy)
State Environmental Planning Policies (SEPPs) are state-wide instruments that override or modify the LEP for particular development types. Most NSW projects need to consider at least one SEPP.
State Environmental Planning Policy (Housing) 2021
The state-wide framework for housing — secondary dwellings (granny flats), boarding houses, build-to-rent, in-fill affordable housing, seniors housing, group homes, residential care facilities, manufactured home estates and short-term rental.
Common triggers
- •Building a granny flat / secondary dwelling
- •Boarding house, co-living or build-to-rent proposals
- •Seniors housing / aged-care
- •Affordable housing bonus FSR or height
State Environmental Planning Policy (Resilience and Hazards) 2021
Consolidated SEPP covering coastal management, hazardous and offensive industries, and remediation of contaminated land. Replaces several older SEPPs (Coastal Management SEPP, Coastal Wetlands, etc.).
Common triggers
- •Coastal land — coastal use, coastal environment or coastal vulnerability area
- •Land identified or known to be contaminated
- •Hazardous or offensive industry proposals
Apartment Design Guide (formerly SEPP 65)
Applies to residential flat buildings (apartments) of 3+ storeys with 4+ apartments. The standalone SEPP 65 was repealed on 14 December 2023 — its provisions transferred into Chapter 4 and Schedule 9 of the Housing SEPP. The Apartment Design Guide (ADG) itself is unchanged: solar access, cross-ventilation, ceiling heights, communal open space, deep soil, parking, etc. A Design Verification Statement from a registered architect is still required.
Common triggers
- •Residential flat building 3+ storeys / 4+ apartments
- •Mixed-use buildings with apartments
- •Adaptive reuse delivering apartments
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
The state-wide template for what can be done without consent (exempt development) and what can be fast-tracked via a Complying Development Certificate (CDC). The Codes SEPP is the rulebook every CDC certifier checks against.
Common triggers
- •Single dwelling, alterations and additions
- •Pools, sheds, decks, fences and similar minor works
- •Commercial fitouts and signage in some zones
State Environmental Planning Policy (Transport and Infrastructure) 2021
Covers infrastructure development — roads, rail, schools, hospitals, utilities, telecommunications. Allows public-authority development with reduced or no consent in many cases.
Common triggers
- •Land near a state road or rail corridor (referral triggers)
- •Development on or near school, hospital or utility land
- •Telecommunications facility proposals
State Environmental Planning Policy (Industry and Employment) 2021
Provides controls for industry and employment-generating uses, including ancillary advertising and signage controls.
Common triggers
- •Signage and advertising in employment zones
- •Some industry-related development
State Environmental Planning Policy (Biodiversity and Conservation) 2021
Vegetation management, koala habitat, biodiversity offsets, Sydney drinking water catchment, Sydney Harbour foreshore, and Western Sydney Parklands provisions.
Common triggers
- •Vegetation removal in urban areas
- •Land mapped for koala habitat
- •Land in the Sydney drinking water catchment or harbour foreshore
Common LEP overlays / additional controls
LEPs supplement zoning with mapped controls for heritage, hazards, environmental sensitivity and design. These are typically shown as separate map layers and listed on the Section 10.7 certificate.
Heritage controls (Schedule 5 / heritage maps)
LEP Schedule 5 lists heritage items (individual buildings, archaeological sites, trees, places of Aboriginal heritage significance). Heritage Conservation Areas are mapped precincts where the precinct itself is the heritage value.
Common triggers
- •Listed heritage item (any work needs DA)
- •Property in a Heritage Conservation Area
- •Property containing or near an Aboriginal place
Bushfire-prone land map
Mapped under Section 10.3 of the EP&A Act. Triggers the Planning for Bush Fire Protection 2019 controls — Asset Protection Zone (APZ), construction standards (BAL rating), water and access requirements.
Common triggers
- •Bushfire-prone land — any new dwelling or special fire protection use
- •Subdivision on bushfire-prone land
Flood-planning area / flood maps
Most LEPs include flood-planning provisions (Clause 5.21 model clause) and council flood study maps. Floor levels, fill, evacuation, refuge and structural standards may be required.
Common triggers
- •Land below the flood planning level
- •Land affected by a council flood study
Acid sulfate soils map
Coastal lowlands often have acid sulfate soils that can release acid if disturbed. Class 1-5 mapping triggers a permit for excavation below specified depths.
Common triggers
- •Excavation on coastal land (especially around estuaries)
- •Filling, dewatering or below-ground works
Foreshore building line
A mapped building line set back from the foreshore where buildings are restricted. Common around Sydney Harbour, Pittwater, Lake Macquarie and other significant waterways.
Common triggers
- •Property fronting a mapped foreshore
- •New buildings or structures near the waterline
Riparian land and watercourses
Council-mapped riparian buffers protect vegetation along creeks and rivers. NSW DPE Riparian Corridors Guidelines also apply where works are within 40 metres of a watercourse on the NSW Water register.
Common triggers
- •Works near a creek, river or wetland
- •Vegetation removal in a riparian corridor
Airport OLS / PANS-OPS controls
Around major airports (Sydney, Bankstown, Newcastle) there are mapped height limits to protect aircraft flight paths. Tall structures may need referral to airservices and the airport operator.
Common triggers
- •Buildings or cranes within an airport OLS area
- •Lighting that could affect aircraft
Sydney drinking water catchment
Land in the catchment is subject to a neutral or beneficial effect (NorBE) test on water quality before consent can be granted.
Common triggers
- •Any new development within the catchment
- •Septic systems, intensive agriculture, vegetation clearing in the catchment
Character and urban design provisions (DCP)
Most councils have DCP chapters governing built form, materials, articulation, landscape, fencing and visual privacy. DCPs are non-statutory but must be considered.
Common triggers
- •All DA-grade development within the LGA
- •Heritage Conservation Areas (often double up with DCP guidance)
Recent NSW Housing Reforms (2024-2026)
Three major reforms have changed what's permissible on residential land across much of NSW. They sit on top of the LEP and can override its zone-based density limits — always check whether your property is affected.
Transport Oriented Development (TOD) Program
Commenced 13 May 2024 via Chapter 5 of the Housing SEPP. Inserts uplifted controls within walking-distance catchments of 25 named precincts (37 identified in total, ~170,000 homes over 15 years). Indicative controls: max height 22m for residential flat buildings (24m for shop-top), FSR 2.5:1, no minimum lot size, and mandatory 2% affordable housing in perpetuity on developments ≥2,000 m² GFA. Named precincts include Adamstown, Ashfield, Belmore, Canterbury, Gordon, Gosford, Hamilton, Killara, Kogarah, Lidcombe, Lindfield, Marrickville, Roseville, St Marys Metro and Wyong.
DPHI: Transport Oriented Development →Low and Mid-Rise (LMR) Housing Policy
Stage 1 (1 July 2024): dual occupancy and semi-detached dwellings now permitted with consent in R2 zones statewide via clause 166, Chapter 6 of the Housing SEPP 2021 — this overrides any local LEP that previously prohibited dual occupancy in R2. Stage 2 (28 February 2025): uplifted built-form controls within an 800-metre walking distance of 171 nominated centres and stations across Greater Sydney, Central Coast, Lower Hunter / Newcastle and Illawarra-Shoalhaven. Indicative controls: residential flat buildings up to 22m / 6 storeys within 0–400m and 17.5m / 4 storeys within 400–800m; dual occupancy on a minimum 450 m² lot at 9.5m height and 0.65:1 FSR. Bushfire, flood and heritage areas are excluded; so are Bathurst, Hawkesbury, Blue Mountains and Wollondilly LGAs.
DPHI: LMR summary of key provisions →Planning System Reforms Act 2025
The most significant overhaul of the Environmental Planning and Assessment Act 1979 since inception. Stage 1 commenced December 2025; Stage 2 March 2026. Introduces the Targeted Assessment Pathway, the Rapid Assessment Framework, the new Development Coordination Authority and the Housing Delivery Authority for state-significant housing projects.
DPHI: Planning Reforms hub →Find Out Which Controls Apply to Your Property
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