4.8 Residential flat buildings and shop top housing

The controls in Sections 2.1- 2.12, do not apply to residential flat buildings and shop top housing, unless specifically referenced in the provisions that follow.  The following clauses set out the controls for these types of housing.  Additional controls for residential flat buildings and shop top housing may be contained in State Environmental Planning Policy No 65Design Quality of Residential Apartment Development (SEPP 65) or equivalent.


  1. To establish a high quality residential environment where all dwellings have a good level of amenity;
  2. To encourage a variety of housing forms within residential areas; and
  3. To ensure the provision of housing that will, in its adaptable features, meet the access and mobility needs of any occupant.
  4. To ensure waste storage areas and waste collection areas are located and designed to be compatible with the streetscape, accessible, clean and safe for all users and collectors.


  1. All residential flat buildings and shop top housing are to be consistent with the design quality principles outlined in SEPP No. 65 and the objectives, design criteria and design guidance outlined in the Apartment Design Guide (or equivalent).
  2. In addition to the controls in this section, the controls within Part 2 General Land Use Controls of this DCP must also be taken into consideration when preparing a development application for residential flat buildings.
  3. Residential flat buildings are to be located on sites with a minimum street frontage of 30m and have direct frontage to an area of the public domain (including streets and public parks).
  4. Residential flat buildings are not to adversely impact upon the existing or future amenity of any adjoining land upon which residential development is permitted with respect to overshadowing impact, privacy impact or visual impact.
  5. A minimum of 10% of all residential flat building developments containing 10 dwellings or more, are to be designed to be capable of adaptation for access by people with all levels of mobility. Dwellings must be designed in accordance with the Australian Adaptable Housing Standard (AS 4299-1995), which includes ‘pre-adaptation’ design details to ensure visitability is achieved.

    Note The proportion of adaptable dwellings in a development should be rounded up to the nearest figure.

  6. Where adaptable dwellings are proposed above the ground level, lift access must be provided. The lift access must provide access from the basement to allow access for people with disabilities.
  7. The development application must be accompanied by certification from a suitably qualified (and experienced) Access Consultant confirming that the adaptable dwellings are capable of being modified, when required by the occupant, to comply with the Australian Adaptable Housing Standard (AS 4299-1995).
  8. Car parking and garages allocated to adaptable dwellings must comply with the requirements of Australian Standards for disabled parking spaces.
  9. The proposed development should be designed to comply with ‘Safer By Design’ Guidelines.
  10. Each dwelling must be provided with a separate secure storage space of 8m3. This space is to be provided exclusively for storage purposes and must be provided in addition to any garage space.

Access and entries

  1. The proposed development should:
    1. minimise vehicular entry and exit points to the site.
    2. provide a defined and well-lit pedestrian ‘safe route’ which can be clearly viewed by residents for passive surveillance.
    3. consider site accessibility to people in wheelchairs and with lesser mobility.

Building height, bulk and scale

  1. The maximum height of buildings is established by Clauses 4.3A, 4.3B and 4.3C of CLEP 2010 and the associated Height of Buildings Map.
  2. Residential flat buildings may be designed with flat roof forms in order to maximise the number of storeys within a building. However, such buildings must feature a high level of architectural design and incorporate appropriate treatments to minimise the visual bulk and scale of the building.
  3. Basement car parks that do not exceed more than 1m above natural ground level are not considered to be a storey.

Communal open space and landscaping

  1. Landscaping must take into account probable day and night use by residents, seating, shade and allows surveillance by residents i.e. the plants are either high (canopy trees) or low (ground covers).
  2. If the area is fenced, the fence must be dark in colour and permeable to maximise passive surveillance of the area.
  3. Communal open space landscaping must be designed to minimise water usage and maintenance requirements.
  4. Communal open space should be provided in locations which help to retain existing trees wherever possible.
  5. A landscape plan is to be submitted with every application for residential flat buildings.
  6. Deep soil zones should adjoin the deep soil zones of neighbouring properties where possible to provide for a greater contiguous area of deep soil and vegetation. Additionally, deep soil zones should be designed and located around the existing retained vegetation on site.

Waste Management

General Requirements

  1. A detailed Waste Management Plan (WMP) must be submitted for the ongoing use of the site. A WMP must outline the waste that will be generated from the site, how the development proposes to manage the waste on site and collection.
    1. The site plan and floor layout plans submitted with a development application must show:
    2. the location of waste service rooms, including chutes;
    3. the location of bin storage area/s;
    4. the location of bin holding area including stacked arrangements;
    5. the location of bulky waste holding area/s;
    6. all bins required by the development;
    7. an identified collection point for the collection and emptying of the waste; and
    8. the path of travel for moving bins from the storage area to the bin holding area (if collection is to occur away from the storage area). The path of travel must be free of steps and kerbs and provide a 1:30 gradient to ensure safe transfer of the bins from the storage area to the collection point.
  2. A swept path analysis must be prepared by a suitably qualified professional in accordance with AS2890.2. It must be demonstrated that a Heavy Rigid Vehicle:
    1. perform collections in a safe manner;
    2. can enter, manouvre and exit the site in a forward direction where onsite collection is proposed; and
    3. is provided with adequate height and width clearance to safely access the site where onsite collection is proposed.

Waste Collection

  1. All development must provide onsite collection via a dedicated waste collection point (See Councils Waste Guideline for design requirements). Dedicated waste collection point must include:
    1. a loading dock or similar with adequate space for Councils waste vehicle including servicing requirements;
    2. waste vehicles must not impede access to, within or from the site for other users;
    3. a waste holding room adjacent to the loading dock/ truck standing area for the storage of all bins prior to collection. Waste holding room must have a floor area at least 20% larger than the size of the bins. Bins must not be placed in stacks more than 4 deep, or in such a way as to restrict access to and movement by collectors;
    4. a bulky waste holding area adjacent to the dedicated waste collection area that is sufficiently sized and consistent with bin storage provisions below;
    5. the necessary allowances for a Heavy Rigid Vehicle throughout the vehicle’s entire onsite path of travel as per AS2890.2. HRV must be able to enter and exit the site in a forward direction, reversing of a heavy rigid waste vehicle onsite must only be done in the vicinity of a turning bay;
    6. a method to limit vehicular and pedestrian access to the loading dock and collection area;
    7. developments may require a bin tug device or a goods hoist where bin storage and waste collection areas are on different levels or not within close proximity to each other; and
    8. where underground collection is proposed dedicated waste collection point must be located within the first level of the basement. Maximum grade of ramps and driveway throughout waste vehicles path of travel is to be 1:6.5 (15.4%) and minimum ramp width is to be 6.2m.
  2. In exceptional circumstances where suitable arrangements for onsite collection cannot be practically achieved, Council may consider kerbside collection or a collect and return service for smaller developments which propose a maximum of 24 dwellings. The development must comply with the provisions of Chapter 4.6 Multi Dwelling Housing for kerbside collection or collect and return service.
  3. Where a Council vehicle is required to manoeuvre on private property, an Indemnity Agreement must be entered into with Council prior to the issue of the Occupation Certificate.

Bin Storage

  1. Bin storage area/s must be provided within each development. Refer to Council’s Waste Guidelines for design requirements. Bin storage area/s must:
    1. be suitably screened from the street frontage or otherwise not be visible from the street;
    2. be well lit, built in accordance with the Building Code of Australia and well ventilated in accordance with AS 1668.4 (AS 1668.2 for buildings requiring mechanical ventilation)
    3. have a smooth graded ground surface;
    4. have a minimum ceiling height of 2.4m;
    5. provide a water tap adjacent to the storage area;
    6. provide a drain in the bin storage area discharging to a sewer connection;
    7. have doorways with a minimum width of 1.8m and pathway with a minimum width of 1.6m between waste storage area and waste collection area;
    8. be sealed sufficiently to prevent vermin;
    9. provide for storage for all bins required, refer to Councils Waste Management Guideline for waste generation rates and bin requirements;
    10. have a floor area at least 50% larger than the size of the bins and/or equipment; and
    11. in cases where chute systems are not used, be located in a convenient location that is accessible to all residents; and
    12. in cases where chute systems are installed, chutes must discharge into the bin storage area and access to this area must be restricted.
  2. Bulky waste storage area/s must be provided within each development (refer to Councils Waste Guideline for design requirements). Bulky waste storage area/s must:
    1. be sized as below:

      6-20 Units

      Minimum of 6m2

      20+ Units

      6m2 for every 20 units (maximum of 24 m2).

  3. Where the development is four storeys or more it must be provided with a garbage and recycling chute system. E-diverters are not permitted. Refer to Council’s Waste Management Guidelines for design requirements.
  4. Council will consider the provision of 240L recycling bins as an alternative to recycling chutes. 240L bins must be mechanically decanted into 660L or 1100L bins in all developments with more than 90 residential dwellings.
  5. Where the development is four storeys or more, it must provide waste service rooms within each level of the development (Refer to Council’s Waste Management Guidelines for design requirements). Waste service rooms must: 
    1. contain all bins and where relevant, chute inlets;
    2. be adequately sized to accommodate councils waste bins (where required) and account for any fluctuations in waste generation;
    3. be located in an accessible location that is convenient to all relevant residents; and
    4. have its floors, walls and ceilings finished with smooth impervious materials that are capable of being easily cleaned.
  6. Residential waste and non-residential waste must be stored and managed separately and must be able to operate concurrently without conflict. Residential waste must comply with the provisions under this Section and non-residential waste must comply with the relevant provisions under Section 5.2 General Controls Applying to all Business Zones.
  7. The owners’ corporation must take responsibility for the management of waste and recyclable materials generated upon the site. An ongoing waste management plan must be submitted to demonstrate that there are suitable arrangements in place regarding the management, maintenance and cleaning of all waste/recycling management facilities.

Please refer to Councils Waste Management Guideline which will assist in determining:

  • The requirements of waste storage in residential flat buildings;
  • The requirements for waste collection in residential flat buildings;
  • The dimensions and specifications of all waste handling areas.


Note: Shop top housing over two stories are to be assessed against the Residential Flat Building Controls

Further Information


Table 4-9: Key controls for residential flat buildings and shop top housing


Shop top housing

Residential flat buildings

Lot size (min)

On Merit


Lot width primary frontage (min)

On Merit



Front setback (minimum)

As per the existing street setback


Front setback encroachments


Balconies and other articulation may encroach into the setback to a maximum of 4.5m from the boundary for the first 3 storeys, and for a maximum of 50% of the façade length.

Secondary street setback (min)



Side Setback (min)



Rear setback (min)



Site coverage (max)

50% or site area

50% or site area

Landscaped Area (min)

30% of site area

30% of site area

Communal open space

Refer to Apartment Design Guideline or equivalent

Refer to Apartment Design Guideline or equivalent

Principal private open space (PPOS) (min)

Refer to Apartment Design Guideline or equivalent

Refer to Apartment Design Guideline or equivalent


Garage dominance


A maximum of two garage doors per 20m of lot frontage facing any one street frontage.

Car parking Requirements

1-2 bedrooms: 1 space (min)

3 bedrooms or more: 2 spaces (min) – may be provided in a ‘stack parking’ configuration.

Garages to be set back 1m behind the building line

1 car parking space per dwelling, plus

0.2 car parking spaces per 2-bedroom dwelling, plus

0.5 car parking spaces per 3 or more-bedroom dwelling.

1 visitor car parking space per 5 dwellings

Bicycle parking spaces: 1 per 3 dwellings