What Is Private Open Space and Why Does Council Care?

Private open space (POS) plays a critical role in residential development and is one of the most scrutinised elements in NSW planning assessments.

If you're preparing a development application or applying for DA approval, POS design can be the deciding factor for council approval.

Understanding how councils define and evaluate POS is essential to avoid delays, redesigns or refusals.

What Is Private Open Space?

Private open space refers to outdoor areas on a property that are exclusively for the use of occupants.

This includes courtyards, backyards, balconies and patios.

In NSW planning, POS must be directly accessible from a living space such as a lounge or dining area, not a bedroom or hallway.

It must be usable for outdoor living, like dining, play or relaxation.

For example, under the NSW Housing Code, lots under 10 metres wide must provide at least 16m² of private open space with a minimum dimension of 3 metres.

Lots over 10 metres wide require at least 24m² with a 4 metre minimum width.

These requirements are mirrored in most council DCPs and are non-negotiable when lodging a development application.

Why Does Council Care About POS?

Councils see POS as vital to residents' quality of life.

It provides essential space for fresh air, sunlight, outdoor dining, gardening and children's play.

It also supports stormwater management and urban greenery targets.

If your plans don’t provide adequate POS, council may reject your DA or ask for costly redesigns.

We often help clients whose initial designs fail to meet POS rules.

In one case, a duplex DA in the Inner West stalled because the private open space for each dwelling was less than 20m² and only accessible through bedrooms.

Our planning consultant redesigned the layout to increase the area and create direct access from living spaces, securing DA approval in the next round.

How Is POS Assessed by Council?

Council planning teams assess POS using a checklist of criteria:

Size and dimensions must meet minimum standards under local DCPs or the Housing Code.

Access must be direct from a habitable room such as a living or dining space.

Usability is key. A steep or awkwardly shaped yard won’t be accepted.

Privacy should be maintained from neighbouring properties.

Solar access is often required with at least part of the POS receiving several hours of sunlight per day.

If your site is irregular or sloped, expert planning advice can help design a compliant and usable POS.

Common Mistakes to Avoid

One of the most common issues we see is undersized courtyards or balconies.

Another is poor access such as a backyard only reachable via laundry or bedrooms.

Some clients attempt to count side setbacks or narrow strips of land as POS, but councils typically reject these as non-functional.

In one case in Ryde, a two-storey home DA was initially refused because the backyard's width was only 2.5 metres.

Our planning consultant adjusted the footprint and fencing layout to widen the space and meet the 4 metre requirement, leading to fast DA approval.

How Town Planning Sydney Helps

As a leading town planning company in NSW, we specialise in helping homeowners and developers meet private open space rules.

Our team provides end-to-end planning advice, architectural drafting and DA support to streamline your development application.

We assess your site, identify POS challenges early and offer design solutions that satisfy both council approval standards and real-world usability.

We understand NSW planning controls in detail and tailor every submission to comply with both state and local council expectations.

Whether it’s a granny flat, duplex or new dwelling, our planning consultants ensure your project avoids unnecessary setbacks and proceeds smoothly through the DA approval process.