Sydney Planning · Rooftops & Airspace
Sydney needs more homes, fast — but not at the expense of character, heritage, or amenity. That’s why the smartest growth right now isn’t just happening outwards but upwards — on rooftops of existing buildings across the Inner West, Randwick and Waverley. “Airspace development” (adding new, lightweight homes above existing structures) and sensitive rooftop/attic additions turn underused roofscape into housing and badly-needed funds for building repairs.
This piece explains how NSW’s newer planning settings interact with local rules in the Inner West, Randwick and Waverley — and how owners, strata committees and developers can navigate them. You’ll find practical, suburb-specific insights, real policy levers, and a clear picture of what’s changing across NSW.
Why rooftops, why now?
Three statewide shifts make “building up” unusually powerful:
Apartment Design Guide (ADG) now under the Housing SEPP
The design quality system formerly under SEPP 65 now sits within the State Environmental Planning Policy (Housing) 2021, with the ADG continuing to guide solar access, natural ventilation, apartment layout and more. This keeps a consistent design baseline for apartments and shop-top housing, and clarifies how DCPs interact with state controls.
Low & Mid-Rise Housing (LMR) Policy
As of 28 February 2025 (Stage 2), NSW enables more housing types (dual occupancies, terraces/townhouses, small apartment buildings, shop-top housing) within 800m walking distance of 171 nominated town centres and train/light rail stations. This doesn’t override heritage or hazard exclusions, but it does broaden what’s possible in well-located pockets — including many in the Inner West, Waverley (e.g., Bondi Junction) and around Randwick’s light rail corridor.
Transport Oriented Development (TOD) Program
NSW has also introduced a dedicated TOD stream that amends the Housing SEPP around selected rail/metro stations, with controls applying from 13 May 2024 near an initial tranche of stations and expanding via broader precinct work. The intent: more homes within walking distance of high-frequency transport — again, boosting feasibility for shop-top additions and airspace projects near places like Bondi Junction and Inner West rail hubs.
Together, these settings are about location-efficient density, not blanket upzoning. That matters in the east and inner-inner suburbs, where heritage streetscapes and view corridors are prized and local DCPs are specific — sometimes very specific — about what you can do on a roof.
What “airspace development” actually looks like
Airspace development is the practice of creating new dwellings above an existing building (often strata) by selling or subdividing the airspace and delivering new rooftop homes that also fund capital works (facades, waterproofing, lifts, fire upgrades). NSW land-titling tools make this possible via stratum and strata subdivision pathways, along with scheme by-laws and special resolutions for works over common property.
- Stratum subdivision can carve out volumetric “slices” of a building or airspace for disposal or development (think “3D lots”).
- Strata mechanisms can later subdivide lots/common property; by-law changes take effect when registered and typically require a special resolution.
- Specialist facilitators can help strata owners scope feasibility, prepare deals that fund upgrades, and match reputable developers — a capital-light path for owners.
Local rules that really matter on the roof
State policy creates the opportunity zone, but council DCPs shape how you can put something on a roof — roof terraces, dormers, attics and access structures are where most proposals win or lose.
Waverley (Bondi, Bondi Junction, Bronte, Tamarama, Clovelly)
- Rooftops are generally non-trafficable; roof terraces are limited and must be small, well-setback and low-impact — often ≤15m² with discreet, internalised access.
- Elevated decks/balconies are discouraged beyond modest sizes unless you can demonstrate excellent mitigation for privacy, bulk and overshadowing.
- View sharing is codified with reference to the Tenacity principle.
- For larger buildings, mapped wall heights control bulk at the roofline even where overall height/FSR might suggest more.
- Attics within pitched roofs, generally capped proportionally, with dormers secondary to the main roof and set down from the ridge.
Takeaway: Small, slender and quiet wins. Near Bondi Junction, LMR/TOD can help feasibility, but keep vertical circulation and rooftop uses compact and demonstrably low-impact.
Randwick (Kensington/Kingsford light rail spine, Coogee, Maroubra)
- “Must not be provided on the uppermost or main roof”: roof terraces/trafficable roof spaces may suit stepped forms, but not on the principal top roof.
- Recent DCP material clarifies limited circumstances (e.g., above garages on down-slope sites), always within height and amenity controls.
Takeaway: Near light rail stops or centres, LMR/shop-top may be viable — but plan for non-trafficable top roofs or lower-level terraces, and prove height, view sharing and overshadowing.
Inner West (Leichhardt, Petersham, Marrickville, Dulwich Hill, Newtown, Summer Hill)
- Leichhardt DCP: building envelopes with 45° roof control planes from wall height; typical roof pitches 30–45°; additions must be subservient and protect amenity, solar access and privacy.
- Marrickville DCP: rear additions below the ridgeline; top floors as attic spaces; dormers for light/ventilation without overpowering the roof.
Takeaway: Traditional roof silhouettes matter. Near stations, LMR/TOD can open shop-top or small apartment uplift, but conservation contexts demand attics within pitch, slender dormers, and tight overshadowing/privacy proofs.
How state and local rules meet on real projects
Think of approvals as a two-dial system:
- Dial 1 — State: Housing SEPP/ADG, LMR and TOD set permissibility and scale, tilting feasibility near centres and stations.
- Dial 2 — Local: DCP and heritage settings determine massing and amenity (roof-form, terraces, dormers, privacy, view sharing).
You may also encounter Clause 4.6 where justified variations to LEP standards (e.g., height) are proposed. The pathway still exists but with tighter transparency and exclusions — bring a high-quality public-benefit/design-excellence case.
What works where: quick LGA-by-LGA playbook
Inner West — Leichhardt / Petersham / Marrickville / Dulwich Hill
Good bets:
- Attic conversions within existing pitched roofs, dormers set well below ridges;
- Airspace additions over robust 3-storey walk-ups near stations, aligned with LMR/TOD for mid-rise and shop-top housing.
Watch-outs:
- Observe 45° roof control planes and 30–45° pitches;
- Protect solar access and privacy (Inner West DCPs are rigorous);
- Heritage streetscapes: additions must be visually subservient from the street.
Randwick — Randwick / Kensington / Kingsford / Coogee / Maroubra
Good bets:
- Stepped terraces (not on the top roof), landscaped non-trafficable roofs, lightweight penthouse levels well set back on larger buildings where controls allow;
- LMR townhouses/low-rise apartments or shop-top near centres/light rail if within 800m and not excluded.
Watch-outs:
- No terraces on the uppermost roof (C1);
- Height/view sharing and coastal character — bring robust overshadowing/view analyses.
Waverley — Bondi Junction / Bondi / Bronte / Tamarama / Clovelly
Good bets:
- Small roof terraces ≤15m² with discreet, internalised access;
- Attics fully within pitched roofs; slender lift/egress solutions kept within the envelope;
- TOD/LMR proximity near Bondi Junction improving feasibility for airspace or shop-top schemes.
Watch-outs:
- Strict terrace size/depth controls and non-trafficable roof expectations;
- Tenacity view sharing and overshadowing — diagram quality matters.
Funding building upgrades (and avoiding special levies)
For many strata schemes with ageing membranes, concrete spalling or fire-safety upgrades, airspace can be a financial strategy: sell/lease airspace or pursue stratum/strata subdivision that funds works while adding well-designed homes. Providers can package planning + structural due diligence + market engagement so owners aren’t out of pocket up front.
Governance lens: works over common property usually require a special resolution and an appropriate by-law (often under s108 Strata Schemes Management Act 2015) recorded on title; subdivision certificates and plan lodgement to NSW LRS formalise any stratum/strata outcome.
Design quality remains non-negotiable
Whether adding three apartments above a 1970s walk-up in Marrickville or a lightweight penthouse level over a shop-top near Bondi Junction, you still need to hit ADG fundamentals:
- Solar/daylight: meet ADG benchmarks appropriate to your building typology and context;
- Natural ventilation & apartment layout quality;
- Communal/landscape space that genuinely works for residents.
Because the ADG is embedded via the Housing SEPP, councils and design verification assess both compliance and merit.
Three micro-scenarios (how this plays out)
Leichhardt semi near Petersham Station (Inner West)
Goal: add two bedrooms via an attic. Path: keep roof pitch and ridge dominance; modest dormers set down from ridge; prove sun/privacy. Result: more space, minimal streetscape change. 45° plane and 30–45° pitch references shape massing.
1960s walk-up in Marrickville within LMR area
Goal: fund remediation by adding two lightweight rooftop dwellings. Path: confirm LMR permissibility; lock ADG solar/ventilation, fire/egress upgrades, and strata approvals (s108 by-law + special resolution). Keep roof activation non-trafficable or modest within envelope.
Shop-top near Bondi Junction (Waverley)
Goal: one setback penthouse plus small roof terrace. Path: respect terrace ≤15m² with discreet access; rigorous view-sharing and overshadowing tests; any variation via Clause 4.6 must demonstrate superior outcomes.
Getting approvals right: the checklist
- Map your site against LMR 800m areas and TOD layers (if relevant).
- Read your LGA’s DCP roof/attic/terrace rules (they vary a lot).
- Design to the ADG from day one for apartments/shop-top.
- Strata governance: line up by-laws and special resolutions; plan NSW LRS steps.
- Variations: understand Clause 4.6 constraints before pursuing any exceedance.
Frequently Asked Questions
- Q1) Can we “sell the roof” of our strata in Randwick to fund upgrades?
- Often yes — but it’s really selling or granting rights in airspace, usually paired with a stratum/strata outcome and a common-property by-law. You’ll need a special resolution and registration of the by-law; then planning approval must satisfy the Randwick DCP — which typically prohibits terraces on the uppermost roof. Consider stepped forms or non-trafficable roofs to fit the controls.
- Q2) We’re near Bondi Junction. Could TOD or LMR make a rooftop addition easier?
- They can improve feasibility (more yield options within 400–800m of high-capacity transport/centres), but Waverley’s DCP still governs roof use, size and access. Expect the ≤15m² terrace cap, privacy setbacks, and strict view-sharing tests — and be ready to show ADG compliance where apartments are involved.
- Q3) In Leichhardt, can we add a dormer to access a roof terrace?
- Dormers are typically for light/ventilation to attics set within the pitched roof; a large dormer that creates a de-facto extra storey conflicts with 45° envelope and “subservience” tests. Terraces on the main roof are generally problematic unless a DCP explicitly supports them; the Inner West approach favours attic rooms over flat, activated roofs visible from the street.
- Q4) Does the ADG override council DCPs?
- For apartments/shop-top housing, the Housing SEPP/ADG is the state-level design framework. DCPs still apply and are considered alongside the ADG. The SEPP 65 consolidation didn’t weaken the ADG; practically, you design to both.
- Q5) What if we’re slightly over the height control because of a lift overrun or lightweight rooftop module?
- You may consider a Clause 4.6 variation with a robust case that the outcome delivers better planning results (amenity, design quality, heritage fit, public interest). Be realistic about risk where councils are protective of rooflines/views.
- Q6) Is airspace development really “green”?
- Done well, yes. It reuses existing buildings, shortens material supply chains, and concentrates homes near transport and services — aligning with TOD/LMR objectives. Feasibility and impact still depend on structure and context.
- Q7) Who can help us scope an airspace project without big upfront cost?
- Specialist facilitators can provide planning/structural screening and coordinate reputable developers, often structuring deals that fund capital works from airspace value rather than special levies, while preparing the groundwork for by-laws and LRS steps.
Bottom line for Inner West, Randwick, Waverley
- NSW is unlocking well-located housing via LMR and TOD — exactly where Inner West rail corridors, Randwick’s light rail spine, and Bondi Junction shine.
- Local DCPs still rule the roof. In Randwick, don’t put terraces on the main/uppermost roof. In Waverley, keep any roof terrace ≤15m² with discreet access and strong privacy/view-sharing logic. In the Inner West, respect 45° envelopes, pitched-roof character, and subservient additions.
- Airspace development can fund repairs and upgrades — but approvals are won through design quality, neighbour amenity, and perfect paperwork (by-laws, resolutions, titling).
References
- NSW Housing SEPP & ADG: Policy consolidation and ADG guidance. Planning NSW
- LMR Policy (Stage 2, 28 Feb 2025): scope, 171 locations, 800m catchments. NSW Government
- TOD Program: SEPP amendments and guidance. Planning NSW
- Waverley DCP: roof terraces (≤15m²), view sharing, attic rules, mapped wall heights. Waverley Council
- Randwick DCP C1: no terraces on uppermost/main roof; stepped conditions. Randwick City Council
- Inner West DCPs: Leichhardt roof planes/pitches; Marrickville attic/dormer guidance. innerwest.nsw.gov.au
- Stratum/strata mechanics & by-laws: NSW LRS, Registrar General & NSW legislation. NSW Land Registry Services & Land Registry Services
- Clause 4.6 updates: Variations review & circulars. Planning NSW
- Buy Airspace (overview/process): Buy Airspace