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Planning dictionary

The NSW planning terms that come up in every feasibility, explained in plain words.

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A

Acid sulfate soils

Soils that release sulfuric acid when dug up or drained. Where the LEP maps them, excavation or drainage works may need an assessment and a management plan.

Active frontage

A ground floor that opens onto the street with shopfronts, entries, windows or cafés, rather than blank walls or garage doors. Some LEPs have an active street frontages clause and map the streets it applies to, usually in town centres.

Additional permitted uses

Uses allowed on a particular piece of land even though its zone would otherwise prohibit them. They are listed in Schedule 1 of the LEP, and the planning certificate says whether any apply.

Affordable housing

Housing for very low, low and moderate income households, priced so rent takes no more than about 30% of household income. It is usually managed by a registered community housing provider.

Amenity

How pleasant a place is to live in or next to: sunlight, privacy, outlook, noise and views. Councils weigh a proposal’s effect on the amenity of neighbours as well as its own residents.

Ancillary development

Smaller works that support a main building, such as a garage, carport, deck, pool or shed. Many can be exempt or complying development if they meet the codes.

Apartment Design GuideADG

The NSW Government’s design standards for apartment buildings, covering solar access, natural ventilation, room sizes, private open space and building separation. It applies with Chapter 4 of the Housing SEPP.

Approval pathway

The route a project takes to approval. Minor works may be exempt development and need no approval. Others can follow the complying development route, with a CDC issued against fixed standards. Everything else needs a development application (DA), assessed on merit. Picking the right pathway early sets the timeline and the risk. Read: DA vs CDC →

Attached dwelling

One of three or more dwellings in a row, each on its own lot and joined by common walls. Often called terraces or row houses.

B

BALBushfire attack level

A rating of how exposed a building will be to bushfire, from BAL-LOW through BAL-12.5, 19, 29 and 40 to BAL-FZ (flame zone). The higher the rating, the stricter and more expensive the construction.

Basement

A level of a building that sits mostly below ground. Basement car parking, storage and services are generally excluded from gross floor area.

Read: Understanding FSR →
BASIXBuilding Sustainability Index

NSW’s online assessment that sets energy, water and thermal comfort targets for new homes and many alterations. A BASIX certificate is lodged with the DA or CDC.

Battle-axe lot

A lot behind another lot, reached by a narrow access handle from the street. Some development types and fast-track codes are not available on battle-axe lots.

Better PlacedNSW design policy

The NSW Government Architect’s design policy for the built environment. It sets out what good design means in NSW through seven objectives, from better fit and better performance to better look and feel.

Read the NSW policy →
Building Code of AustraliaBCA

The building rules within the National Construction Code. Plans for a construction certificate or CDC must show they meet it.

Building envelope

The three-dimensional space a building has to fit within, set by controls such as height, setbacks and FSR.

Building information certificate

A certificate from council about an existing building, often sought for unapproved works. It protects the building from certain council orders for a period of years.

Build-to-rent

An apartment building owned by one entity and held for long-term rental rather than sold as individual units. The Housing SEPP sets specific rules for it.

Bushfire prone land

Land mapped by council as able to support or be affected by a bushfire. Building here must meet Planning for Bush Fire Protection and a BAL rating.

Read: 5 things to check before buying a development site →

C

Casual surveillanceAlso called passive surveillance

Being able to see the street and shared spaces from windows, balconies and front doors, which discourages crime. It is a principle of crime prevention through environmental design (CPTED), which councils consider when assessing DAs.

CDCComplying Development Certificate

A fast-track approval for development that fully meets set standards, issued by a council or a registered certifier instead of going through a development application.

Read: DA vs CDC →
Character

The look and feel of a street or neighbourhood: its building types, scale, setbacks, materials and landscaping. Councils assess whether a proposal fits the character the DCP describes.

Clause 4.6Exceptions to development standards

The clause in a council’s LEP that lets the consent authority approve a building that breaches a development standard, such as height or FSR, when a written request justifies it.

Codes SEPPState Environmental Planning Policy (Exempt and Complying Development Codes) 2008

The State policy that sets what can be built as exempt development, with no approval, and as complying development, with a CDC.

Read: DA vs CDC →
Co-living housing

Rental accommodation with at least six private rooms and shared communal spaces, run by a manager. It is defined and controlled by the Housing SEPP.

Community title

A subdivision where lots share common property, such as a private road or park, managed by an association. Common in master-planned estates.

Concurrence

Agreement a council must obtain from a State agency before granting consent to some developments.

Condition of consent

A requirement attached to a development consent. Conditions can set design changes, fees, reports, and what must happen before, during and after construction.

Connecting with CountryNSW framework

The NSW Government Architect’s framework, released in 2023, for bringing Aboriginal knowledge of Country into planning and design. It asks projects to engage early with Aboriginal communities and to protect sensitive sites.

Read the NSW framework →
Consent authority

The body that decides a development application. Usually the council, but it can be a local or regional planning panel, the Minister or the Independent Planning Commission.

Construction certificate

Confirms that the building plans meet the Building Code and the conditions of the development consent. Needed before building work starts under a DA.

Contaminated land

Land polluted by past uses, such as a service station or factory. A consent authority must consider contamination before approving development, and a site investigation may be needed.

ContributionsDevelopment contributions

Charges on new development to help pay for local infrastructure such as parks, roads and community facilities. Levied under section 7.11 or 7.12 of the Act, or a planning agreement.

Cooling-off period

The time after exchange when a buyer can still pull out of a residential purchase. In NSW it ends at 5pm on the fifth business day after exchange, and a buyer who pulls out forfeits 0.25% of the price. It can be shortened or waived, and it does not apply to a property bought at auction.

Corner lot

A lot with frontages to two streets. It usually carries two front setbacks, which can reduce the buildable area.

Read: Townhouse feasibility case study →
Curtilage

The area around a heritage item that contributes to its significance and setting, such as its garden or the space in front of it.

D

DADevelopment Application

An application to council, or another consent authority, for approval to develop. It is assessed on its merits against the LEP, the DCP and other planning rules.

Read: DA vs CDC →
DCPDevelopment Control Plan

The council’s detailed design rules, such as setbacks, landscaping and parking. More flexible than the LEP.

Deemed refusal

When a council has not decided a DA within the assessment period set by the regulations, the applicant can treat it as refused and appeal to the Land and Environment Court.

Deep soil

Parts of a site with no buildings or basements below, where trees can grow and rain can soak in. DCPs and the Apartment Design Guide set minimum deep soil areas.

Deferred commencement

A consent that only becomes active once specified matters are resolved to council’s satisfaction, such as an easement being created.

Demolition

Removing a building or part of one. Demolition usually needs approval as part of the DA or CDC for the new work, and heritage items need particular care.

Deposited planDP

A registered plan showing the boundaries of one or more lots. A property’s legal description combines the two, such as Lot 2 in DP 123456. It is the reference councils and conveyancers use to identify land.

Determination

The decision on a development application: approval, usually with conditions, or refusal. Review and appeal rights run from the date of determination.

Development standard

A numerical control in an LEP or SEPP, such as maximum height, FSR or minimum lot size. Development standards can only be varied through clause 4.6.

Dual occupancy

Two dwellings on one lot, attached or detached. Whether it is allowed depends on the zone and the council’s LEP.

Read: Housing SEPP changes →
Dwelling house

A single home on its own lot. It is the most common form of residential development.

E

Easement

A right over part of a lot for someone else’s benefit, such as a drainage pipe or shared driveway. It is recorded on title and can limit where you can build.

Read: 5 things to check before buying a development site →
Employment zones

The business and industrial zones introduced in 2023, such as E1 Local Centre, E3 Productivity Support and MU1 Mixed Use. They replaced the old B and IN zones.

Environmental planning instrumentEPI

A legal planning rule made under the EP&A Act. LEPs and SEPPs are instruments. DCPs are not: they are guidelines, so where a DCP and an instrument disagree, the instrument wins.

EP&A ActEnvironmental Planning and Assessment Act 1979

The main NSW planning law. It sets up LEPs, SEPPs, development applications, complying development and appeals.

Excavation

Digging to create a basement, level a site or lay services. Deep excavation near boundaries usually needs geotechnical advice and may need consent.

Exchange of contracts

The point at which a property sale becomes binding. Buyer and seller each sign a copy of the contract and swap them, and the buyer pays the deposit, usually 10%. Planning checks, such as reading the planning certificate, are best done before this point.

Exempt development

Minor building work that needs no planning or building approval, such as small sheds, decks or fences, as long as it meets every standard in the Codes SEPP.

Read: DA vs CDC →
Existing use rights

The right to keep using land for a purpose that was lawful when it began but is now prohibited by the zone. They come with limits on expansion.

F

Feasibility

A test of whether a development stacks up before money is committed. It asks what the planning controls allow, how many dwellings fit, what they would cost to build and what they would sell for. A planning feasibility answers the first two questions, which decide the rest.

Flood control lot

A lot where flood-related development controls apply to housing. The planning certificate says whether a lot is one. Complying development is still possible on many flood control lots, but only if extra standards are met, such as floor levels set above the flood planning level. It is not allowed in floodways or high hazard areas.

Flood planning area

Land at or below the flood planning level. Development in it must meet flood-related controls, which are noted on the planning certificate.

Read: 5 things to check before buying a development site →
Flood planning levelFPL

The height floor levels generally have to sit above to protect against flooding, usually a 1% annual chance flood plus a safety margin called freeboard.

Frontage

The boundary of a lot that faces the street. Minimum frontage widths decide whether some housing types are allowed.

FSRFloor space ratio

The total floor area of a building divided by the area of its site. An FSR of 0.5:1 on a 600 m² lot allows about 300 m² of floor area.

Read: Understanding FSR →

G

Greener PlacesNSW green infrastructure framework

The NSW Government Architect’s framework for green infrastructure: the network of parks, street trees, waterways and open space in urban areas. Its four principles are integration, connectivity, multifunctionality and participation.

Read the NSW framework →
Gross floor areaGFA

The total floor area of a building measured inside the external walls, used to calculate FSR. It excludes basement parking and storage, lifts and stairs, plant rooms and unenclosed balconies.

Read: Understanding FSR →
Ground level (existing)

The level of the site before any work. Building height is usually measured from it, so fill or excavation does not change the height limit.

H

Height of buildings

The maximum height of a building, measured from existing ground level to its highest point. Set by the LEP’s height of buildings map.

Heritage conservation area

An area listed in the LEP for its historic character. Changes usually need a DA and have to respect that character.

Heritage item

A building, place or tree listed for its heritage significance in an LEP or on the State Heritage Register. Changes need consent and often a heritage impact statement.

Housing and Productivity ContributionHPC

A State charge on new homes and some other development in Greater Sydney, the Central Coast, Illawarra-Shoalhaven and the Lower Hunter, used to fund State infrastructure.

Housing Code

The complying development code in the Codes SEPP for new one and two storey houses, and for alterations and additions to them. A house that meets its standards for setbacks, height, floor area and landscaping can be approved with a CDC instead of a DA.

Housing SEPPState Environmental Planning Policy (Housing) 2021

The state policy covering housing types such as secondary dwellings, affordable housing, seniors housing and low-rise housing.

Read: Housing SEPP changes →
Human scale

Buildings and spaces sized to feel comfortable to a person on foot: a street wall that isn’t overbearing, a front door you can find, detail you can see up close. DCP controls on height, setbacks and articulation (breaking up long walls) help keep new buildings at human scale.

I

Independent Planning CommissionIPC

The State body that decides some large or contested State significant development applications.

In-fill affordable housing bonus

A Housing SEPP incentive: residential developments that set aside 10–15% of floor area as affordable housing for at least 15 years can get 20–30% more floor space, and for apartment buildings more height.

Read: Housing SEPP changes →
Integrated development

A DA that also needs a licence or approval under another Act, such as for water, bushfire or heritage. The relevant agency gives its terms before council decides.

L

Land and Environment CourtLEC

The specialist court that hears planning appeals in NSW, including appeals against a DA refusal or conditions. Many cases are settled through conciliation.

Land reserved for acquisition

Land the LEP sets aside for a future public use, such as a road, park or school, naming the public authority that will buy it. It appears on the LEP’s acquisition map and on the planning certificate, and it limits what can be built in the meantime.

Land use table

The part of an LEP that lists, for each zone, what can be built without consent, with consent, and what is prohibited.

Read: What R2 zoning means for your site →
Landscaped area

The part of a site kept for planting rather than paving or building. DCPs and codes set a minimum share of the site.

Lapsing of consent

A development consent generally lapses five years after it is granted unless work has physically started.

LEPLocal Environmental Plan

The council’s main planning instrument. It sets the zone, what can be built in it, and controls such as height and FSR.

Local government areaLGA

The area a council governs. Greater Sydney has more than 30, each with its own LEP and DCP. That is why the same house can be allowed on one side of a boundary road and not on the other.

Local planning panel

A panel of independent experts and a community member that decides some DAs on behalf of Sydney and Wollongong councils, such as those with many objections or large variations.

Loose-fill asbestos insulation

Crushed asbestos sold as ceiling insulation in the 1960s and 1970s, often called Mr Fluffy. Homes that have tested positive are listed on a public NSW Government register, must display a warning sign and are noted on the planning certificate. A home comes off the register only once it has been demolished and the land cleaned up.

Lot

A parcel of land shown on a registered plan, identified by lot and deposited plan (DP) or strata plan (SP) numbers.

Low and Mid-Rise Housing Policy

NSW reforms from 2024–25 allowing more dual occupancies, terraces, townhouses and small apartment buildings, especially within walking distance of nominated town centres and stations.

Read: Housing SEPP changes →
Low Rise Housing Diversity Code

The complying development code for dual occupancies, manor houses and terraces, allowing them to be approved with a CDC where they meet the standards.

Read: Housing SEPP changes →

M

Manor house

A two-storey building of three or four dwellings, where at least one dwelling sits partly or wholly above another.

Massing

The overall shape and bulk of a building: how big it is, how it is stacked and where it sits on the site, before any detailed design. A massing study tests whether the floor area the controls allow will fit inside the building envelope.

Merit assessment

How a DA is judged: against the planning controls and matters such as impacts, site suitability and the public interest, set out in section 4.15 of the Act.

Read: DA vs CDC →
Mine subsidence district

An area above current or past underground coal mines, where the ground could sink. New building there needs approval from Subsidence Advisory NSW, which can set design standards. Districts cover parts of the Hunter, Lake Macquarie, the Central Coast, the Illawarra and south-west Sydney, among others.

Minimum lot size

The smallest lot area the LEP allows when land is subdivided. Some councils set a separate minimum for dual occupancies.

Mixed use development

A building combining two or more uses, commonly shops or offices at ground level with homes above.

ModificationSection 4.55

An application to change a development consent after it is granted, such as altering the design or a condition. The change must leave the development substantially the same.

Movement and PlaceNSW framework

A NSW Government approach, led by Transport for NSW, that plans streets both as routes for moving people and goods and as places where people spend time. It shapes how busier roads and town-centre streets are designed.

Read about Movement and Place →
Multi dwelling housing

Three or more dwellings on one lot, each with access at ground level, such as townhouses or villas. It is not a residential flat building.

Read: Townhouse feasibility case study →

N

National Construction CodeNCC

The national set of building and plumbing rules. Volume One and Two of it are the Building Code of Australia.

Non-discretionary development standard

A standard that, if met, stops the consent authority from requiring anything more onerous on that matter. The Housing SEPP uses them for the low and mid-rise housing reforms.

Read: Housing SEPP changes →
Notification

Telling neighbours and the public about a DA so they can comment, following the council’s community participation plan.

O

Occupation certificate

Issued by the principal certifier when a building is complete and fit to use. You cannot move in or use a new building without one.

On-site detentionOSD

A tank or storage area that holds stormwater during heavy rain and releases it slowly, required by many councils for new development.

Overshadowing

The shadow a building casts on neighbouring homes and open space. DCPs usually protect a minimum number of hours of winter sun.

P

Pattern BookNSW Housing Pattern Book

A set of pre-designed low-rise homes endorsed by the NSW Government that can be approved through a fast-track pathway.

Read: Housing SEPP changes →
Permissible

A use that is allowed in a zone, with or without consent. If a use is not permissible, it cannot be approved.

Read: What R2 zoning means for your site →
Planning agreementVoluntary planning agreement

A deal between a developer and a council or the State to provide land, works or money for public benefit, often alongside a rezoning.

Planning certificateSection 10.7 certificate

A certificate from council listing the planning controls and constraints that apply to a property, such as zoning, heritage and flooding.

Planning PortalNSW Planning Portal

The State’s online system for lodging and tracking DAs, CDCs, certificates and planning certificates, and for viewing planning maps.

Planning proposalRezoning

A request to change an LEP, such as rezoning land or changing a height or FSR. It goes through a Gateway determination by the State before exhibition.

Pre-lodgement meeting

A meeting with council planners before a DA is lodged, to test a proposal and hear concerns early.

Principal certifier

The certifier appointed to oversee construction, carry out inspections and issue the occupation certificate. It can be council or a registered certifier.

Private open space

Outdoor space for a dwelling’s exclusive use, such as a courtyard or balcony. DCPs set minimum areas and dimensions.

Read: Townhouse feasibility case study →
Prohibited development

A use that is not allowed in a zone. It cannot be approved, and clause 4.6 cannot be used to overcome it.

Read: What R2 zoning means for your site →
Public domain

The publicly accessible parts of a place: streets, footpaths, parks and plazas. Councils often set rules for where a development meets it, such as footpath paving, street trees and awnings, sometimes in a public domain plan or manual.

Public exhibition

The period when a draft plan, policy or development application is put on public display for comment, usually 28 days for a draft plan and 14 days for most development applications. Drafts that have been exhibited are noted on the planning certificate, because they can change what a site can carry once they are made.

R

R1 General Residential

A residential zone allowing a wide mix of housing types and densities.

R2 Low Density Residential

A zone mainly for detached houses. What else it permits depends on the council’s LEP.

Read: what zoning R2 means for your site →
R3 Medium Density Residential

A zone for a mix of housing types, such as townhouses, villas and small apartment buildings.

R4 High Density Residential

A residential zone for apartment buildings and other high density housing.

Registered certifier

A certifier registered by the NSW Government to issue CDCs, construction certificates and occupation certificates.

Residential flat building

A building with three or more dwellings, commonly an apartment block. It does not include townhouses (multi dwelling housing).

Review of determination

Asking council to reconsider its decision on a DA, within the legal time limit, as an alternative to going straight to court.

Right of carriageway

An easement giving a right to pass over another lot, usually for driveway access.

Road widening

Land set aside to make a road wider or change its line in future. It is shown in the LEP or the council’s records and on the planning certificate. A strip taken for widening can reduce the site area the controls are measured against, and push the building line back.

S

Salinity

Salt in the soil and groundwater, which can damage bricks, concrete and pipes over time. Parts of western Sydney are affected, and councils there may require salt-resistant materials and careful drainage.

Secondary dwellingGranny flat

A self-contained home on the same lot as the main house. The rules are in the Housing SEPP.

Section 7.11 contribution

A development contribution based on the extra demand a development creates for local infrastructure, calculated under the council’s contributions plan.

Section 7.12 levy

A development contribution charged as a percentage of the cost of the development, instead of a section 7.11 contribution.

Section 73 certificate

A certificate from Sydney Water confirming water and sewer requirements are met. Needed for subdivision and many larger developments.

Section 88B instrument

The document registered with a plan of subdivision that creates easements, restrictions and covenants on the new lots.

Read: 5 things to check before buying a development site →
SEEStatement of Environmental Effects

The report lodged with a DA that explains the proposal, its likely impacts and how it meets the planning rules.

Semi-detached dwelling

A home on its own lot, attached to one other home on its own lot.

Seniors housing

Housing for people aged 55 or over or people with a disability, such as independent living units. Rules are in the Housing SEPP.

SEPPState Environmental Planning Policy

Planning rules made by the NSW Government that apply across the state or to particular areas, and can override a council’s LEP.

Setback

The distance a building has to be from a boundary. Front, side and rear setbacks are usually set by the DCP or a code.

Sewerage service diagram

A diagram from the water authority (Sydney Water in most of Sydney) showing the sewer lines on and around a property. It must be attached to a contract for sale where one is available. If a sewer main crosses the lot, it can limit where you can build.

Shop top housing

Homes above ground-floor shops or businesses.

Site area

The area of land a development is on, used with the FSR to work out maximum floor area. Clause 4.5 of the LEP sets how it is measured.

Read: Understanding FSR →
Site coverage

The share of a site covered by buildings. DCPs often set a maximum.

Solar access

Direct sunlight reaching windows, living areas and private open space. Standards usually refer to hours of sun in midwinter.

Spatial ViewerNSW Planning Portal

The NSW Government’s free online map of planning controls. Search an address to see its zone, height limit, floor space ratio, heritage listing, flooding, bushfire and other layers in one place. It is a quick first check before reading the LEP itself.

Standard Instrument LEP

The State template that every council’s Local Environmental Plan now follows, introduced in 2006. It fixes the zone names, the standard clauses (such as clause 4.6) and the definitions, so “R2” or “gross floor area” means the same thing across NSW. Each council adds its own maps and local clauses.

State significant developmentSSD

Large projects of State importance, such as major infrastructure or big housing projects, assessed by the NSW Government instead of council.

Storey

A level of a building between a floor and the floor or roof above. DCPs often limit the number of storeys as well as height in metres.

Strata title

A form of ownership where a building is divided into lots, such as units, with shared common property managed by an owners corporation.

Street address

How a building presents itself to the street: a visible front door, a clear path from the footpath and a letterbox, so visitors know where to go. Many DCPs ask for each dwelling to have a clear street address.

Subdivision

Dividing land into lots, or combining lots. Subdivision needs consent, and a subdivision certificate before the plan can be registered.

T

Terrace

Multi dwelling housing in a row facing a street, each with its own front door. The Low Rise Housing Diversity Code allows some as complying development.

Read: Housing SEPP changes →
Torrens title

The standard form of land ownership in NSW, where each lot has its own title and no shared common property.

Transport Oriented DevelopmentTOD

A NSW program allowing more homes near certain train and metro stations, through changes to the Housing SEPP.

Tree canopy

The area shaded by tree crowns, seen from above. The NSW Government’s target is 40% tree canopy cover across Greater Sydney, and council tree rules and landscaping controls ask new development to keep or plant trees.

Tree removal permit

Council permission to remove or prune a protected tree. The DCP says which trees are protected.

Y

Yield

How many dwellings or how much floor area a site can realistically carry once all controls are applied.

Read: Townhouse feasibility case study →

Z

ZoneLand use zone

The category an LEP gives land, such as R2 Low Density Residential or E1 Local Centre. It decides what uses are permissible there.

Read: What R2 zoning means for your site →

Definitions are a plain-language guide, not advice for a particular site. The controls that apply to your land are in your council’s LEP and DCP and your planning certificate.