Draft Amendments to Small Lot Housing Provisions (13/2018/PLP)

Submissions Close 29 November 2019

Planning Proposal – Draft Amendments to Small Lot Housing Provisions (Clause 4.1B of The Hills Local Environmental Plan 2012) applying to the R3 Medium Density Residential Zone and R4 High Density Residential Zone (13/2018/PLP)


Council has received a Gateway Determination to proceed with a planning proposal affecting all R3 Medium Density Residential and R4 High Density Residential land within the Hills Shire (excluding North Kellyville and Box Hill Growth Centre Precincts). The planning proposal seeks to amend Clause 4.1B ‘Exceptions to minimum lot sizes for certain residential development’ of The Hills Local Environmental Plan 2012 as follows:

  • Introduce a minimum parent lot size of 1,800 square metres for development under Clause 4.1B (this is the minimum site area that would be required to undertake a small lot housing or terrace development under Clause 4.1B);
  • Introduce a new subclause allowing flexibility in certain instances where lots are not able to meet the parent lot size; and
  • Introduce a new minimum lot size of 180 square metres for lots resulting from subdivision for terraces, where rear lane access is provided.

The amendments seek to ensure that ‘small lot housing’ development sites are of a sufficient size to enable high quality urban design outcomes and incentivise the implementation of rear lane access to improve streetscape and public domain outcomes.

Currently, there is no Development Control Plan which guides development outcomes for small lot housing under Clause 4.1B, except where controls are included within individual site-specific Development Control Plans. In association with the planning proposal, the following draft Development Control Plans have been prepared to guide future small lot housing and terrace-style developments:

  • Part F Small Lot Housing (Integrated Housing); and
  • Part G Medium Density Residential (Terraces).

While the planning proposal and draft Development Control Plans relate to a form of ‘medium density housing’, it is noted that this proposal is unrelated to the NSW Government’s Low Rise Medium Density Housing Code.

Delegation for making of the amendment has not been issued to Council under the Gateway Determination.

Enquiries: Kayla Atkins, Senior Town Planner on (02) 9843 0404.

Submissions have closed.