Townhouse DA in Cumberland: LEP 2021 R3, FSR and DCP 2021 rules

A townhouse (multi dwelling housing) development in the Cumberland local government area is assessed by Cumberland City Council against Cumberland Local Environmental Plan 2021, which permits multi dwelling housing in the R3 Medium Density Residential zone and sets a stepped floor space ratio for it in clause 4.4(2A) of 0.75:1, 0.8:1 or 0.85:1 depending on site area, and against Cumberland Development Control Plan 2021, whose Part B2 Low Rise Medium Density Development sets a 20 metre minimum site frontage for multi dwelling housing, a 20 per cent landscaped area and a three-hour solar access test. This guide is for developers assembling sites in Merrylands, Guildford, Granville, Auburn, Lidcombe, Wentworthville, Pendle Hill and Greystanes who need the yield numbers, the controls behind them and the risks between a feasibility spreadsheet and a consent.

Who this is for: developers and site assemblers planning a townhouse or multi dwelling DA in Cumberland who want to convert the LEP FSR and height and the DCP frontage, landscaping and amenity controls into a realistic yield and a lodgement-ready SEE.

Where is multi dwelling housing permitted under Cumberland LEP 2021?

Cumberland LEP 2021 replaced the inherited Holroyd, Parramatta and Auburn instruments with one set of zones and controls. Multi dwelling housing is permitted with consent in the R3 Medium Density Residential zone under the Land Use Table in Part 2, which is where townhouse development sits. In the R2 zone the LEP’s low-rise product is dual occupancy and semi-detached dwellings under clause 4.1B, and the Low and Mid-Rise Housing Policy has added terraces, townhouses and manor houses in nominated low and mid-rise housing areas from 28 February 2025 through Chapter 6 of State Environmental Planning Policy (Housing) 2021; Merrylands, Granville, Auburn, Lidcombe and Wentworthville stations are among the centres where those areas are likely to apply, and the NSW Planning Portal map confirms the 800 metre boundary. The common mistake is assembling across a zone boundary: an R3 lot joined to an R2 neighbour does not carry the permissibility across the line, and clause 4.5 excludes from site area any land on which the development is prohibited.

What FSR does clause 4.4(2A) allow, and what does it mean in yield?

Clause 4.4(2) applies the Floor Space Ratio Map generally, but clause 4.4(2A) overrides it for multi dwelling housing on all land other than the Former Lidcombe Hospital Site: 0.75:1 for a site of less than 1,300 square metres, 0.8:1 for a site of 1,300 square metres or greater but less than 1,800 square metres, and 0.85:1 for a site of 1,800 square metres or greater. Clause 4.5 defines FSR as gross floor area over site area. The table shows what the steps mean on typical assemblies; gross floor area excludes garages to the extent the council requires them, so saleable area is lower again. FSR is a development standard, so a design over the figure needs a clause 4.6 variation request.

What does Cumberland DCP 2021 Part B2 require?

Cumberland DCP 2021 came into effect on 5 November 2021. Part B Development in Residential Zones contains Part B1 for dwelling houses, Part B2 Low Rise Medium Density Development for dual occupancies, manor houses, terraces and multi dwelling housing, and Part B3 for residential flat buildings. Part B2 applies to low rise medium density development in the R2 and R3 zones and states that the Low Rise Housing Diversity Design Guide for Development Applications provides the objectives and design criteria for building envelopes, landscaped area, local character, public domain interface, pedestrian and vehicle circulation, orientation and siting, solar and daylight access, natural ventilation and ceiling height. The DCP then adds four council-specific controls.

Section 3.1 Site frontage sets a minimum frontage by development type in Table 6: dual occupancy (attached) 15 metres, dual occupancy (detached) side by side 18 metres, manor houses 15 metres, terraces 18 metres and multi dwelling housing 20 metres. Narrower sites must be amalgamated with two or more sites, and a proposal must not leave an adjoining allotment of less than 15 metres. Section 3.2 Overshadowing requires adjoining properties to receive a minimum of three hours of sunlight to at least one main living area and to at least 50 per cent of their private open space between 8 am and 4 pm on 21 June, with existing shortfalls not to be unreasonably worsened. Section 3.3 Site layout allows units to face an internal roadway where separation, privacy and solar access are maintained. Section 3.4 Landscaping requires a total landscaped area of at least 20 per cent of the site or 30 square metres per dwelling. Car parking is governed by Part G3.

Where do Cumberland townhouse DAs lose yield or get refused?

Four places. Frontage: a two-lot assembly of 15 metre lots gives 30 metres and complies, but a single 18 metre lot does not, and the isolation rule means council will ask what happens to a 12 metre neighbour left behind. Solar access: a north-south row on a 20 metre frontage often cannot deliver three hours to the southern neighbour’s yard without dropping the rear units to single storey, which costs floor space. Parking and manoeuvring: the internal driveway must let a B99 vehicle enter and leave in a forward direction, and on a 20 metre site the driveway, turning bay and visitor space consume the land the landscaping control also wants; a swept path plan from Swept Paths should be done at concept stage. Stormwater: on-site detention and water quality treatment are required, and a site that falls away from the street needs an inter-allotment easement before determination.

Feasibility to lodgement in six steps

1. Confirm the zone, Height of Buildings Map and FSR Map figures for every lot, and whether the site is inside a low and mid-rise housing area on the NSW Planning Portal.
2. Measure the assembled frontage against Table 6 (20 metres) and check that no adjoining lot is isolated below 15 metres, before contracts are exchanged.
3. Calculate the clause 4.4(2A) FSR step for the assembled area and set the gross floor area budget; test whether an extra lot moves the site to the next step.
4. Commission a survey and a concept layout that tests parking to Part G3 and AS 2890.1, the 20 per cent landscaped area, deep soil to the design guide and shadow diagrams for the southern neighbour.
5. Prepare the SEE with compliance tables against the LEP, Part B2, Part G3 and the design guide, plus BASIX, landscape and waste plans, and lodge through the NSW Planning Portal. Our townhouse and multi dwelling planning service runs this sequence.

Definitions

Multi dwelling housing

Three or more dwellings on one lot, each with ground level access, that are not a residential flat building or attached dwellings; the standard LEP term for townhouses and villas.

Floor space ratio (FSR)

Gross floor area of all buildings on a site divided by site area, defined in clause 4.5 of Cumberland LEP 2021 and, for multi dwelling housing, capped by clause 4.4(2A).

Site frontage

The width of the site at the street boundary; Cumberland DCP 2021 Part B2 Table 6 requires 20 metres for multi dwelling housing.

Landscaped area

The part of a site used for plants and lawns, excluding driveways and hard paving, required by Part B2 to be at least 20 per cent of the site or 30 square metres per dwelling.

URBA prepares statements of environmental effects and DA strategy for multi dwelling housing across the Cumberland local government area, converting clause 4.4(2A) and the Part B2 controls into a defensible yield before a site is bought. See our town planner for Cumberland page and our townhouse and multi dwelling planning service, or request a fee proposal for a site assessment.