Regulatory Framework for Multi-Dwelling Housing under the NSW Complying Development Pathway

Under the Standard Instrument Local Environmental Plan (LEP), multi dwelling housing refers to three or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but excluding residential flat buildings.

The Low Rise Housing Diversity Code (LRHDC) activates the CDC pathway for two specific types of multi-dwelling housing:

1. Multi-Dwelling Housing (Terraces): Defined as three or more attached dwellings on a single lot where each dwelling possesses ground level access, no part of any dwelling is located above any part of another dwelling, and the dwellings face and generally follow the alignment of one or more public roads

2. Manor Houses: Defined technically as a residential flat building containing three or four dwellings, where each dwelling is attached by a common wall or floor, at least one dwelling is partially or wholly located above another, and the building contains no more than two storeys (excluding basements).

While technically a flat building under the LEP, the LRHDC treats Manor Houses as low-rise diversity housing to facilitate apartment-style yields on traditional suburban allotments.

The CDC pathway for multi-dwelling housing is only activated on land zoned R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, and RU5 Village, and only where the relevant local council's LEP already permits multi-dwelling housing or residential flat buildings within that specific zone.

Clause 1.19 of the Codes SEPP outlines strict land-based exclusions.

A CDC cannot be issued - forcing the project into the merit-based DA pathway - if the land is:

• Identified as a state or locally listed heritage item, or located within a heritage conservation area.

• Located in an environmentally sensitive area, coastal wetland, or littoral rainforest.

• Classified as un-sewered land.

• Subject to specific high-risk hazard constraints, such as the highest hazard categories of bushfire-prone land (BAL40 or Flame Zone) or flood control lots where structural requirements exceed the prescriptive limits of the SEPP.

• Configured as a battle-axe lot, or where the development proposes the creation of a new battle-axe lot.

• Subject to registered easements that the proposed building would encroach upon.

Development Controls

Table 1: Site Eligibility, Dimensions, and Subdivision Controls

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Permitted Land Use Zones	R1, R2, R3, and RU5 (only where permitted by the applicable LEP).	R1, R2, R3, and RU5 (only where permitted by the applicable LEP as multi-dwelling housing or residential flat buildings).
Minimum Parent Lot Area	Must meet the minimum lot size specified for multi-dwelling housing in the applicable LEP. If the LEP is silent, the default minimum is 600m².	Must meet the minimum lot size specified in the applicable LEP. If the LEP is silent, the default minimum is 600m².
Minimum Parent Lot Width	18.0m minimum width, measured at the building line15.	15.0m minimum width, measured at the building line2.
Street Frontage Requirements	Each individual dwelling must have ground-level access and face a public road.	The overall building must have a frontage to a public road.
Torrens Title Subdivision	Permitted via concurrent or subsequent CDC. The minimum child lot area must meet the LEP minimum, or if silent, a default minimum of 200m² applies. Minimum child lot width is 6m at the building line.	Prohibited. Manor houses cannot be Torrens titled under the Codes SEPP.
Strata Title Subdivision	Permitted. The minimum resulting strata lot size is 180m².	Permitted. The minimum resulting strata lot size is 180m².

Table 2: Built Form, Yield, and Envelope Controls

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Maximum Building Height	9m measured from existing ground level to the highest point of the building.	8.5m measured from existing ground level to the highest point of the building.
Maximum Storeys	2 storeys maximum.	2 storeys maximum (basements are excluded from the storey calculation).
Maximum Gross Floor Area (GFA)	• R1, R2, and RU5 Zones: 60% of the parent lot area. • R3 Zone: 80% of the parent lot area.	25% of the parent lot area + 150m², capped at a maximum allowable GFA of 400m².
Roof Design	Flat, pitched, or skillion permitted. Roof terraces on the topmost roof are strictly prohibited.	Flat, pitched, or skillion permitted. Roof terraces on the topmost roof are strictly prohibited.
Dwelling Configuration	Dwellings must be located side-by-side.	At least one dwelling must be partially or wholly located above another dwelling.

Table 3: Boundary Setbacks and Articulation

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Primary Road Setback	Average setback of the two closest dwellings/terraces within 40m. If no existing buildings are within 40m, the default setback is 3.5m.	Average setback of the two closest residential buildings within 40m. If no buildings exist within 40m: • 400–900m² lot: 4.5m. • >900–1,500m² lot: 6.5m. • >1,500m² lot: 10.0m.
Secondary Road Setback (Corner Lots)	• 600–900m² lot: 2.0m. • >900–1,500m² lot: 3.0m. • >1,500m² lot: 5.0m.	• 400–1,500m² lot: 3.0m. • >1,500m² lot: 5.0m.
Parallel Road Setback	3.0m.	3.0m.
Classified Road Setback	9.0m.	9.0m.
Side Boundary Setbacks	Minimum 1.5m from the external side boundaries of the parent development site. Internal walls separating dwellings are built to the boundary (party walls).	Minimum 1.5m. For any part of the building located >10.0m behind the front building line AND >4.5m in height, the side setback (s) must increase using the formula: s = building height (h) - 3.0m.
Rear Boundary Setbacks	600–900m² lot: 3.0m (for building parts 0–4.5m high) / 8.0m (for parts >4.5–8.5m high). >900–1,500m² lot: 5.0m (0–4.5m high) / 12.0m (>4.5–8.5m high). >1,500m² lot: 10.0m (0–4.5m high) / 15.0m (>4.5–8.5m high).	400–1,500m² lot: 6.0m (for building parts 0–4.5m high) / 10.0m (for parts >4.5–8.5m high). >1,500m² lot: 10.0m (0–4.5m high) / 15.0m (>4.5–8.5m high).
Laneway Setback	0m from the rear laneway boundary for a maximum length of 7.0m (typically to accommodate rear-loaded garaging).	0m from the rear laneway boundary for a maximum of 50% of the total rear boundary length.
Articulation Zone	Architectural building elements (e.g., porches, awnings, entry features) may extend up to 1.5m forward of the minimum required primary road setback.	Architectural building elements (e.g., porches, awnings, entry features) may extend up to 1.5m forward of the minimum required primary road setback.

Table 4: Landscaping, Ecology, and Deep Soil Controls

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Minimum Total Landscaped Area	• R1, R2, and RU5 Zones: 30% of the parent lot area. • R3 Zone: 20% of the parent lot area.	50% of the parent lot area minus 100m² (Formula: [Lot Area x 0.5] - 100m²).
Landscaping Dimensions & Location	An area must have a minimum dimension of 1.5m (width and length) to qualify as landscaped area. At least 25% of the total area forward of the building line must be landscaped.	An area must have a minimum dimension of 1.5m (width and length) to qualify as landscaped area. At least 50% of the required landscaped area must be located forward of the building line.
Tree Canopy Requirements	Front Setback: Minimum 1 tree with a mature height of 5m (required only if the primary road setback exceeds 3m). Rear Setback: Minimum 1 tree with a mature height of 8m.	Front Setback: Minimum 1 tree with a mature height of 5m (required only if the primary road setback exceeds 3m). Rear Setback: Minimum 1 tree with a mature height of 8m.
Vegetation Specifications	At least 50% of the overall number of newly planted trees and shrubs must be native species indigenous to the region.	At least 50% of the overall number of newly planted trees and shrubs must be native species indigenous to the region.
Minimum Soil Depths	Large trees (>8m spread): 1200mm depth, 10x10m area. Medium trees (4-8m spread): 1000mm depth, 6x6m area. Small trees (<4m spread): 800mm depth, 3.5x3.5m area. Shrubs: 500-600mm depth.	Large trees (>8m spread): 1200mm depth, 10x10m area. Medium trees (4-8m spread): 1000mm depth, 6x6m area. Small trees (<4m spread): 800mm depth, 3.5x3.5m area. Shrubs: 500-600mm depth.

Table 5: Amenity, Privacy, and Open Space Controls

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Private Open Space (POS)	Must be directly accessible from a primary living area. Minimum area and dimension scale with dwelling size. (eg, 2-bedroom dwellings require 12m² minimum area with a minimum width of 2.0m).	Provided as ground-level courtyards or upper-level balconies. Must be directly accessible from a primary living area. Minimum area of 12m² with a minimum width of 2.0m for 2-bedroom dwellings.
Solar Access	The living rooms and Private Open Space (POS) for a minimum of 70% of the dwellings must receive at least 3 hours of direct sunlight between 9:00 AM and 3:00 PM on the winter solstice (June 21).	The living rooms and Private Open Space (POS) for a minimum of 70% of the dwellings must receive at least 3 hours of direct sunlight between 9:00 AM and 3:00 PM on the winter solstice (June 21).
Upper-Level Balcony Restrictions	Balconies, decks, or terraces located >2.0m above existing ground level are restricted to a maximum total area of 12m² per dwelling, and must maintain a minimum 6.0m setback from the rear and side boundaries.	Balconies, decks, or terraces located >2.0m above existing ground level are restricted to a maximum total area of 12m² per dwelling, and must maintain a minimum 3.0m setback from the rear and side boundaries.
Visual Privacy Protection	Living room windows positioned to overlook adjacent sensitive spaces must employ mitigation measures: offsetting windows by 2.0m, utilizing splayed configurations, installing obscure/translucent glazing up to 1.7m, or raising sill heights to 1.7m above floor level.	Building layouts must be configured to eliminate direct overlooking. Where adjoining living room window locations are unverified, the building envelope must not penetrate a 35° plane springing from a point 3.6m above the shared side/rear boundary.
Acoustic Privacy	Party walls, floors, and adjacent living spaces must utilize intelligent spatial arrangement (e.g., locating noisy zones away from quiet zones) and robust acoustic separation treatments compliant with the National Construction Code (NCC).	Strict vertical and horizontal acoustic separation is required. Bedrooms should not be located directly above or below the living areas, kitchens, or garages of adjoining dwellings.

Table 6: Car Parking, Access, Earthworks, and Fencing Controls

Planning Control	Multi-Dwelling Housing (Terraces)	Manor Houses (3 - 4 Dwellings)
Off-Street Car Parking Supply	Minimum 1 off-street parking space per dwelling.	Minimum 1 off-street parking space per dwelling.
Driveway and Access Widths	Minimum 2.5m width for a driveway servicing a single dwelling. Minimum 5.0m width for a shared driveway servicing multiple dwellings. Maximum vehicle cross-over width of 3.5m at the street boundary.	Minimum 5.0m width for a shared driveway. Maximum vehicle cross-over width of 3.5m at the street boundary.
Garage Door Design	Garage door openings facing a public street must not exceed 3.2m in width to prevent garages from dominating the streetscape. Garages must be set back a minimum of 5.5m from the primary road boundary.	Basement parking is permitted provided it does not protrude excessively above ground (which would trigger classification as an additional storey). Ground-level garage doors must not dominate the façade.
Vehicle Maneuvering	For developments where a shared driveway services more than 3 vehicles, the internal manoeuvring area must be designed and swept to ensure all vehicles can enter and exit the site in a forward direction.	For developments where a shared driveway services more than 3 vehicles, the internal maneuvering area must be designed and swept to ensure all vehicles can enter and exit the site in a forward direction.
Earthworks and Excavation Limits	Excavation depth is strictly governed by proximity to the site boundary: • 1.0m from boundary = max 1.0m depth. • 1.5m from boundary = max 2.0m depth. • >1.5m from boundary = max 3.0m depth.	Excavation depth is strictly governed by proximity to the site boundary: • 1.0m from boundary = max 1.0m depth. • 1.5m from boundary = max 2.0m depth. • >1.5m from boundary = max 3.0m depth.
Front Fencing (Forward of Building Line)	Maximum height of 1.2m. Fences must be visually permeable (no more than 50% solid materials). Solid metal panels and unfinished timber palings are strictly prohibited. Fences must reflect the prevailing streetscape character.	Maximum height of 1.2m. Fences must be visually permeable (no more than 50% solid materials). Solid metal panels and unfinished timber palings are strictly prohibited. Fences must reflect the prevailing streetscape character.
Side and Rear Fencing	Maximum height of 1.8m (can step up to 2.2m on sloping topography). Must be constructed of low-reflectivity materials and cannot restrict the flow of floodwaters.	Maximum height of 1.8m (can step up to 2.2m on sloping topography). Must be constructed of low-reflectivity materials and cannot restrict the flow of floodwaters.
Acoustic and Retaining Walls	High solid acoustic walls (max 2.1m) are only permitted if shielding the dwelling from a classified road, requiring a 1.5m setback buffered by mature landscaping. Retaining walls >600mm within front setbacks require 600mm deep landscape planting on the low side.	High solid acoustic walls (max 2.1m) are only permitted if shielding the dwelling from a classified road, requiring a 1.5m setback buffered by mature landscaping. Retaining walls >600mm within front setbacks require 600mm deep landscape planting on the low side.