Written by The recent decision in Kogarah Investments No 1 Pty Ltd v Georges River Council (2026) NSWLEC 1048 addressed which parking standards apply when a residential apartment development includes affordable housing under the State Environmental Planning Policy (Housing) 2021 (‘Housing SEPP’). The key issue was whether visitor parking requirements from the apartment chapter (s 148) also applied alongside the affordable housing chapter (s 19).
In this case, Kogarah Investments proposed a development with an affordable housing component, providing parking in line with s 19, which sets non-discretionary standards for affordable infill housing. The Council contended that the development did not meet the full parking obligations, arguing that visitor parking standards under s 148 should operate in addition to s 19. Commissioner Dickson found in favour of Kogarah Investments, holding that the non-discretionary standards in s 19 fully govern parking for developments including affordable housing. The Court observed that the Housing SEPP contains separate chapters with distinct objectives, and there is no requirement to combine standards from different chapters. Applying further visitor parking requirements would conflict with the affordable housing framework.
Ultimately, this decision highlights the importance of considering the structure and intent of the Housing SEPP when planning residential developments, ensuring developers of affordable housing are not subject to overlapping or conflicting standards that could compromise projects.