The NSW Department of Planning’s Low and Mid-Rise Housing indicative map is a guide, not a legal answer. A duplex or terrace site only qualifies for LMR controls if it sits within 800 metres walking distance of a nominated town centre or station under the legislation, proven by a measured walking route. The map cannot decide that for you.
This catches people out. The Department publishes a clean, colour-coded online map showing which properties appear to fall inside the 800 metre catchment. It looks authoritative. But the Department says plainly that the map is not legislative and should not be used to make planning decisions. So where does that leave a developer, surveyor or owner planning a dual occupancy or a row of terraces? Below is what the rule actually says, what counts toward the 800 metres, and what your application has to demonstrate.
What the 800m rule means for duplexes and terraces
The Low and Mid-Rise Housing reforms make more housing types permitted with consent in defined “low and mid-rise housing areas.” These are residential zones within 800 metres walking distance of nominated town centres and nominated train, metro and light rail stations across Sydney, the Central Coast, Illawarra-Shoalhaven and Lower Hunter regions.
For low-rise work, the 800 metre line is what matters. Inside an LMR area, dual occupancies, semi-detached homes and multi-dwelling housing such as terraces and townhouses are permitted with consent. That is the trigger that opens the complying development pathway for these types under the Low-Rise Housing Diversity Code, and CDC is where most duplex and multi dwelling projects now want to land: a Registered Certifier issues the approval, without the timeframes of a full development application. For how the building and subdivision CDC pathways fit together after that trigger, see our guide to the Low and Mid-Rise Housing Policy certification pathways.
The areas are defined in Section 163 of the State Environmental Planning Policy (Housing) 2021. The distance is measured to a fixed point: the nearest edge of a mapped town centre, or a public entrance to a nominated station. Not the centre of the suburb, and for train and metro stations, not the platform. There is one exception. Some nominated light rail stops have no formal public entrance, and for those the legislation measures to a platform of the stop.
There is a further split inside the catchment. An inner area sits within 400 metres and an outer area between 400 and 800 metres, both measured by walking distance. That split mainly changes height and floor space standards for apartment buildings, so for a duplex or terrace the practical question stays simple: is the site inside the 800 metre area or not. One more detail helps here. If part of a site falls inside an LMR area, the provisions apply to the whole site.
Why you can't rely on the Department's indicative map
The Department’s own FAQ is direct about this. The maps are indicative only, they are not legislative, and they should not be used to make planning decisions. They show general areas where the policy may apply, nothing more.
There are three reasons the map and reality can drift apart.
First, the maps were built using walking distance software. That software may not pick up walking paths outside the street network, such as routes through parks or public rights-of-way. A real route can be shorter than the map assumes, or longer.
Second, the map cannot account for individual property constraints. Bushfire, flooding, heritage and other affectations, meaning site-specific hazards or overlays, can exclude a property even when it sits well inside the catchment colour. The LMR policy also does not apply to land already inside a Transport Oriented Development area.
Third, the map cannot read the legislation for you. The Department repeats one instruction throughout its guidance: check the requirements in the legislation to confirm whether the policy applies to a specific property.
How walking distance is legally measured
This is where most of the confusion sits. Walking distance is not a straight line, and it is not a radius drawn on a map. The term is defined in the Dictionary at Schedule 10 of the State Environmental Planning Policy (Housing) 2021. The statutory definition reads:
Walking distance means the shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings.
In plain terms, the route runs from the site to the nearest public entrance of the station or the nearest edge of the mapped town centre, along a publicly accessible walking route.
Two working parts matter. The route must be the shortest practical pedestrian path, not a crow-flies measurement. And the land it crosses has to be publicly accessible. A shortcut through private property, a locked reserve or a path that does not exist yet does not count.
Here is why that changes outcomes. A duplex site can sit 750 metres from a station in a straight line, yet measure 850 metres once you follow the real footpath route around blocks, past a rail line with no crossing, or along a road that only has a footpath on one side. On the map it looks in. On a measured route it is out. Two identical-looking sites can land on opposite sides of the 800 metre line for this reason alone.
What "safely walked" and "accessible route" mean in practice
This is the part people ask about most, and it is a fair question. The legislation gives the principle but not a step-by-step manual, so here is how it reads in practice.
A route should use public footpaths where they exist. You cannot measure a path along the edge of a busy road with no footpath and call it safely walked. Where the route has to cross a road, it should cross at a pedestrian crossing, traffic signals or another safe crossing point, not at any random point across several lanes of traffic.
The qualifier “as far as reasonably practicable” is the pressure valve. It accepts that not every metre of every route has a formal footpath or marked crossing. On a quiet residential street, crossing at a safe but unmarked point can be reasonable. On a main road with signals nearby, ignoring them to cut the distance is not.
Treat this as general guidance, not a settled rule. The policy is new, and how strictly each council and certifier applies “safely walked” and “reasonably practicable” has not been tested across the board or in court. For a marginal site, that uncertainty is exactly why the route needs to be measured and defended, not assumed.
What your duplex or terrace CDC needs to demonstrate
The Department’s FAQ is explicit on this point. When an application is lodged for approval, whether that is a CDC with a Registered Certifier or a development application with council, it has to demonstrate that the site is within 800 metres walking distance, measured to the nearest edge of a nominated town centre (as shown on the town centres map in the NSW Planning Portal Spatial Viewer) or a public entrance to a nominated station. The obligation sits with the applicant, and the indicative map will not discharge it on its own.
In practice that means a measured walking distance assessment. For sites near the edge of the catchment, this usually means a surveyor calculating the route precisely along public footpaths and crossings, and showing it on a plan. A short written statement explaining how the route complies sits alongside it. The legislation does not prescribe a set document, so what matters is that the material clearly proves the route and the distance.
The pathway matters too. Most LMR duplex and multi dwelling projects can run through the complying development certificate pathway under the Low-Rise Housing Diversity Code, where a Registered Certifier issues the approval. A development application with council remains the fallback for sites that cannot meet the CDC standards. Either way, the decision maker has to be satisfied the site genuinely sits inside the LMR area, and complying development gives that question extra weight. CDC is binary: the site either qualifies or it does not, so the walking route needs to be proven before the certificate can be issued. The indicative map is not that proof.
This is live work, not theory. Southwell Certifiers has recently issued CDC subdivisions within LMR areas, each confirmed to meet the 800 metre walking distance requirement. Across 35 plus NSW councils and more than 150 dual occupancy CDC subdivisions, site qualification questions like this come up constantly. Getting the walking route right before lodgement saves a refusal later. If a subdivision certificate follows the build, the qualifying question needs to have been settled at the start.
Where this leaves developers right now
The LMR reforms are still relatively new, and the 800 metre rule has soft edges the market is only starting to test. The principle is clear enough. The grey area is how strictly “safely walked” and “reasonably practicable” get applied on marginal sites, and how consistent that will be across dozens of councils and certifiers.
For a CDC duplex or multi dwelling project, that uncertainty is worth resolving early. Complying development leaves no room to argue the merits later: the site qualifies or it does not. Settle the walking route before the design and feasibility are locked in, and the rest of the CDC pathway runs on facts rather than assumptions.
For now, treat the indicative map as a first filter, not an answer. If a duplex or terrace site is comfortably inside the catchment with obvious footpath routes, the map is a reasonable starting point. If it sits anywhere near the edge, or the route involves a main road, a missing footpath or an awkward crossing, get the walking distance measured properly before you commit. The cost of checking is small. The cost of building a feasibility on a site that does not actually qualify is not.
Frequently Asked Questions
Q: Is the LMR indicative map legally binding for a duplex or terrace site?
A: No. The NSW Department of Planning states the indicative maps are not legislative and should not be used to make planning decisions. They show the general areas where the policy may apply. Whether a specific duplex or terrace site qualifies is set by the legislation and must be confirmed against it, not by the map alone.
Q: How is the 800m measured, straight line or walking route?
A: Walking route. Schedule 10 of the Housing SEPP 2021 defines walking distance as the shortest distance measured along a route that can be safely walked using public footpaths and pedestrian crossings where reasonably practicable. A straight-line radius does not meet the definition, and a real route is often longer than the radius.
Q: Can the walking route cross a main road anywhere?
A: No. The route must be one a pedestrian can safely walk. Where it crosses a road, it should use a pedestrian crossing, traffic signals or another safe crossing point. Cutting across a busy road at an unsafe point would not meet the safely walked test in the legislation.
Q: Who measures the walking distance for my duplex or terrace application?
A: For sites near the edge of the catchment, a surveyor usually calculates the route precisely and shows it on a plan, with a short statement on compliance. The application then demonstrates the site is within 800 metres walking distance. The decision maker, a Registered Certifier for a CDC or the council for a DA, must be satisfied before the approval can be issued.
Q: Does LMR apply if my site is also in a TOD area?
A: No. The Low and Mid-Rise Housing Policy does not apply to land inside a mapped Transport Oriented Development area. This avoids two similar policies applying to the same land. You can check TOD coverage on the NSW Planning Portal Spatial Viewer before assuming LMR controls apply.
Written by Dean Dehghan-Khalaji, CPEng, Registered Certifier (BDC 05320), AAC Member. Dean is the Principal Certifier at Southwell Certifiers, specialising in subdivision and strata certification across NSW. This article is general information, not legal advice.
Conclusion
The 800 metre walking distance rule decides whether a duplex or terrace site can use the LMR controls, but the Department’s indicative map does not make that decision. Qualification comes from the legislation, measured along a safe, public, walkable route. The map is a first filter. For any site near the edge, a proper walking distance assessment is what protects your feasibility, and on a CDC it is what lets the certificate be issued at all.
If you are planning a CDC duplex or multi dwelling project in NSW and want clear advice on the certification pathway, Southwell Certifiers can help. To discuss your project and receive a no-obligation fee proposal, contact us on (02) 8734 5676, email admin@southwellcert.com.au, or request a fee proposal.
References and further reading
- Frequently asked questions, Low and Mid-Rise Housing Policy, NSW Department of Planning (map is indicative only; how walking distance is measured; TOD exclusion)
- State Environmental Planning Policy (Housing) 2021, Schedule 10 Dictionary (statutory definition of walking distance)
- State Environmental Planning Policy (Housing) 2021, Chapter 6 (low and mid-rise housing provisions, including low and mid-rise housing areas)
- Low and Mid-Rise Housing Policy, main page, NSW Department of Planning (policy overview and indicative maps)
- Site selection, NSW Department of Planning (nominated town centres and stations)
