The Elephant in the Room
The property podcast for the thinking person.

Episodes

Episode 424: Is NSW’s Planning System Actually Delivering More Housing?

NSW’s planning reforms have been positioned as a major response to Australia’s housing shortage, promising to lift housing supply through zoning changes, fast-tracked approvals, and stronger state controls. 

But as this episode makes clear, NSW planning reform is not delivering evenly across the market. Within the NSW planning system, policy intent often collides with feasibility, cost pressures, and delivery risk—creating a gap between what is allowed and what actually gets built.

Planning and development lawyer James Oldknow joins the conversation to unpack how housing policy NSW is playing out in practice. A key focus is Transport Oriented Development, which has received significant attention as a solution to housing supply, particularly in transport oriented development Sydney locations. Despite strong policy backing, TOD has struggled to gain traction due to high land values, site constraints, and feasibility challenges, limiting its real contribution to housing supply and property development outcomes.

By contrast, low to mid rise housing NSW has seen far stronger uptake. Recent zoning changes allowing six to eight storeys in designated areas are driving development activity, especially in premium Sydney suburbs where projects are more likely to stack up financially. Affordable housing incentives are also playing a role, often used to unlock additional height or density and improve feasibility—though not without trade-offs in design, delivery, and local impact.

The episode also explores the practical risks embedded in the planning system, including time-limited development consents and the misconception that a modification application or modification of development consent NSW automatically extends approval timeframes. Alongside these approval risks, infrastructure pressures such as traffic monitoring, traffic management, and broader environmental considerations are becoming central to how developments are assessed.

For investors and homeowners, this episode cuts through the noise to explain what NSW planning reform really means on the ground. It highlights why housing feasibility Australia—not policy ambition alone—determines where housing supply emerges, and why understanding the realities of the planning system is critical for making informed, long-term property decisions. And if you’re wondering what could be coming in other states, this could be the canary in the coalmine.

Episode Highlights

00:00 — Introduction to NSW Planning System

01:33 — Meet the Expert: James Oldknow

04:41 — Challenges in TOD Applications

08:33 — LMR Policy and Its Impact

10:52 — Affordable Housing and Feasibility

16:42 — Community Concerns and Planning Rigors

26:53 — Development Typologies Across New South Wales

28:59 — Concerns About Centralized Authority

30:43 — Affordable Housing and Contribution Funds

32:17 — Infrastructure and Traffic Concerns

34:33 — Heritage and Environmental Considerations

43:29 — Navigating Development Consents and Modifications

45:29 — Final Thoughts and Advice

About the Guest

James Oldknow is Special Counsel in Mills Oakley’s Planning and Environment team, specialising in planning and development law across New South Wales. He advises landowners and developers on projects of all sizes and regularly appears before councils, planning panels, and the NSW Land & Environment Court.

Working daily within the approvals and appeals system, James sees firsthand where projects stall, why others succeed, and how state policies like LMR, TOD, and the Housing Delivery Authority operate in practice—not theory. His perspective is grounded in real projects, real constraints, and real outcomes, making him uniquely placed to cut through the policy noise and explain what NSW’s planning reforms are actually delivering on the ground.

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Chris Bates