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Frequently Asked Questions about LMR

Which controls apply for CDC approvals of dual occupancies and manor houses from July 2025 — the LRHDC or the new LMR controls?

The CDC Codes will not be changed. They’ll retain their existing rules for projects seeking CDC approval, including LEP minimum lot sizes and excluding any LMR lot size rule. (The only exception is that the LMR dual occupancy subdivision child lot size of 225 sqm will apply to CDC within an LMR catchment.)

Is 450sqm now the minimum across NSW for dual occupancies? Is this via CDC or DA?

DAs are “permissible” in R2 zones statewide since July 2024 (except for LMR exclusions). However, the LMR numerical rules only apply within LMR catchments, NOT statewide.

With councils like Woollahra and Mosman opposing the Low and Mid Rise Housing Code (LMR), what are the risks of them successfully blocking its application? If your site ticks all the boxes, what basis does council have to refuse?

The LMR rules only relate to maximum height, floor area, car parking, and minimum lot area. Any other written rule that the development has to follow, from the applicable LEP and DCP, could be the basis of a rejection — for example overshadowing or visual privacy.

What setback rules apply? Is it guaranteed to be able to achieve the full height and FSR under LMR?

Any setback rules applicable to that land use on that site, including the Apartment Design Guide, will still fully apply. The LMR rules do not override setback rules, and there is no guarantee to be able to achieve the LMR maximum height or floor area.

If part of a lot or amalgamated site has different rules to the other part, e.g. 400/800 or 800/outside, which rules apply across the site?

This one is unclear and we may need to see a Land and Environment Court decision to get clear guidance. In existing LEC cases relating to walkable distance, the entire site is considered to be "within" the relevant distance as long as even a single corner of it is.

Does the Tree Canopy Guide override Council landscaping requirements in DCPs?

Yes, to the extent of any inconsistency.

Can terrace developments be Torrens titled under LMR, or are they limited to strata?

Yes terrace developments can be Torrens subdivided with a minimum child lot area of 165 sqm. The CDC minimum of 200 sqm still applies to any CDC approvals within LMR catchments.

If a site is in a heritage conservation area within 800m of a centre or station but not shown on the LMR Map, is dual occupancy permissible?

Heritage conservation areas are not excluded from the LMR rules. The Department's indicative LMR map is not definitive, so you would need to do your own walking distance calculation.

Do the LMR rules for subdivision override local rules like prohibitions on subdivision of dual occupancies?

The numerical LMR rules do override local LEP rules, but there is nothing in the LMR rules that forces permissibility to override a local prohibition. Lane Cove, The Hills, and Woollahra all have prohibitions on subdivision that would still apply in LMR areas.

Will the LMR not be permitted in all bushfire prone land? E.g. will it be permitted if the lot is BAL LOW?

LMR rules do not apply in any bush fire prone land as per publicly available Council mapping. The BAL (bushfire attack level) values are irrelevant for LMR.

If you apply for a Clause 4.6 variation, would that then rule out LMR rules completely?

The LMR rules are development standards that can be varied by LEP Clause 4.6. However please note that in R3/R4 zone, the LMR policy negates local minimum lot size rules for residential flat buildings ONLY if the LMR rules are fully complied with (e.g. no Clause 4.6 variation).

Will LGA's reflect all this in the 10.7 Certificates?

It is doubtful that anything relating to the Low and Mid Rise policy will appear in 10.7 planning certificates.

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