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ARTICLE · 31 JULY 2026

Housing SEPP: LEC Confirms S19 Parking Standards

Bartier Perry Solicitors
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Numerous judgments in the NSW Land and Environment Court have considered the scope of non-discretionary development standards under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

AustraliaReal Estate and Construction
Dennis Loether
Dennis Loether
Peter Papapostolou
Peter Papapostolou
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Numerous judgments in the NSW Land and Environment Court have considered the scope of non-discretionary development standards under the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

In the recent decision of Kogarah Investments No 1 Pty Ltd v Georges River Council (2025/23807) (Kogarah Investments) - in which Bartier Perry acted for the successful applicant - the Court considered whether visitor parking can be required in addition to the parking calculated under section 19 of the Housing SEPP for infill affordable housing.

In brief: the Court held that the non-discretionary parking standards in section 19 of the Housing SEPP represent the total parking requirement for the development. The visitor parking requirement that otherwise applies to residential flat buildings under section 148(2)(a) does not apply cumulatively.

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