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Contents (2004 - 143)
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Current version for 14 July 2017 to date (accessed 24 October 2017 at 18:43)
Chapter 1
Chapter 1 Preliminary
2   Aims of Policy
(1)  This Policy aims to encourage the provision of housing (including residential care facilities) that will:
(a)  increase the supply and diversity of residences that meet the needs of seniors or people with a disability, and
(b)  make efficient use of existing infrastructure and services, and
(c)  be of good design.
(2)  These aims will be achieved by:
(a)  setting aside local planning controls that would prevent the development of housing for seniors or people with a disability that meets the development criteria and standards specified in this Policy, and
(b)  setting out design principles that should be followed to achieve built form that responds to the characteristics of its site and form, and
(c)  ensuring that applicants provide support services for seniors or people with a disability for developments on land adjoining land zoned primarily for urban purposes.
3   Interpretation
(1)  In this Policy:
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
AS 1428.1 means the version of the Australian Standard entitled AS 1428.1, Design for access and mobility, Part 1: General requirements for access—New building work, published by Standards Australia, that is adopted in the Building Code of Australia.
AS 2890 means the version of the Australian Standard entitled AS 2890, Parking facilities, Part 1: Off street parking, published by Standards Australia, that is adopted in the Building Code of Australia.
AS 4299 means the Australian Standard entitled AS 4299–1995, Adaptable housing, published by Standards Australia, as in force on the date of commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 2).
Building Code of Australia has the same meaning as in the Act.
Note.
 The term is defined in section 4 (1) of the Act.
bush fire evacuation risk map means the map marked “State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 6) Bush Fire Evacuation Risk Map” deposited within the Department of Planning.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access to the building or space, whether operated for gain or not.
consent authority for a development application means:
(a)  except as provided by paragraph (b)—the council of the local government area in which it is proposed to carry out the development, or
(b)  if another environmental planning instrument provides for another consent authority for the kind of development proposed—that other consent authority.
critical habitat—see section 4 (1) of the Act.
disability or people with a disability—see clause 9.
dual occupancy means 2 dwellings (whether attached or detached) on one lot of land.
dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.
environmental planning instrument means a State environmental planning policy, a regional environmental plan or a local environmental plan, and includes a deemed environmental planning instrument.
existing registered club means a registered club in existence on land immediately before the date on which State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 2) commences.
fire sprinkler system means a system designed to automatically control the growth and spread of fire that may include components such as sprinklers, valves, pipework, pumps, boosters and water supplies.
floor space ratio in relation to a building, means the ratio of the gross floor area of the building (exclusive of the area of any car port or garage) to the area of the allotment on which the building is or is proposed to be erected.
general power outlet means a general power outlet that complies with AS 1428.1.
Greater Sydney (Greater Capital City Statistical Area) means the area that the Australian Bureau of Statistics determines from time to time to be the Greater Sydney (Greater Capital City Statistical Area).
gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls (as measured at a height of 1,400 millimetres above each floor level):
(a)  excluding columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, and
(b)  excluding cooling towers, machinery and plant rooms, ancillary storage space and vertical air conditioning ducts, and
(c)  excluding car parking needed to meet any requirements of this Policy or the council of the local government area concerned and any internal access to such parking, and
(d)  including in the case of in-fill self-care housing any car parking (other than for visitors) in excess of 1 per dwelling that is provided at ground level, and
(e)  excluding space for the loading and unloading of goods, and
(f)  in the case of a residential care facility—excluding any floor space below ground level that is used for service activities provided by the facility.
ground level means the level of the site before development is carried out pursuant to this Policy.
height in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.
heritage conservation area means:
(a)  land identified in another environmental planning instrument as a heritage conservation area and includes buildings, works, trees, archaeological sites, Aboriginal objects or places situated on or within that land, or
(b)  a place of architectural significance identified in another environmental planning instrument, or
(c)  a place of Aboriginal heritage significance identified in another environmental planning instrument.
heritage item means a building, work, tree, archaeological site, Aboriginal object or place (which may or may not be situated on or within land that is a heritage conservation area) described as a heritage item in another environmental planning instrument.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
hostel—see clause 12.
in-fill self-care housing—see clause 13 (2).
landscaped area means that part of the site area that is not occupied by any building and includes so much of that part as is used or to be used for rainwater tanks, swimming pools or open-air recreation facilities, but does not include so much of that part as is used or to be used for driveways or parking areas.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
registered club means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force.
residential care facility—see clause 11.
riparian zone means the area along or surrounding a natural water body such as a river where the vegetation and associated ecology are influenced by the passage and storage of water, and conversely, the aquatic environment benefits from the proximity of the vegetation (for example, from bio-filtering of sediment or pollutants, inputs of detritus and shading).
self-contained dwelling—see clause 13 (1).
seniors housing—see clause 10.
serviced self-care housing—see clause 13 (3).
site analysis means the process of identification and analysis of key features of the site and immediate surroundings to assist in understanding how future dwellings will relate to each other and to their locality.
site compatibility certificate means a certificate issued by the Director-General under clause 25 for the purposes of clause 24 (2).
Note.
 A certificate remains current only for the period of 24 months after it is issued—see clause 25 (9).
social housing provider means any of the following:
(a)  the New South Wales Land and Housing Corporation,
(b)  the Department of Housing,
(c)  a community housing organisation registered with the Office of Community Housing of the Department of Housing,
(d)  the Aboriginal Housing Office,
(e)  a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998,
(f)  the Department of Ageing, Disability and Home Care,
(g)  a local government authority that provides affordable housing,
(h)  a not-for-profit organisation that is a direct provider of rental housing to tenants.
streetscape means the character of a locality (whether it is a street or precinct) defined by the spatial arrangement and visual appearance of built and landscape features when viewed from the street.
wheelchair access, in relation to any 2 points, means a continuous path of travel between those points that can be negotiated by a person using a wheelchair.
Note.
 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
(2)  In calculating the number of storeys in a development for the purposes of this Policy, a car park that does not extend above ground level by more than 1 metre is not to be counted as a storey.
(2A)  A reference in this Policy to Sutherland Shire Local Environmental Plan 2000 is a reference to that Plan as in force immediately before the commencement of Sutherland Shire Local Environmental Plan 2006.
(3)  Notes included in this Policy do not form part of this Policy.
4   Land to which Policy applies
(1) General This Policy applies to land within New South Wales that is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes, but only if:
(a)  development for the purpose of any of the following is permitted on the land:
(i)  dwelling-houses,
(ii)  residential flat buildings,
(iii)  hospitals,
(iv)  development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries, or
(b)  the land is being used for the purposes of an existing registered club.
(2) Land that is not zoned primarily for urban purposes For the avoidance of doubt, land that is not zoned primarily for urban purposes includes (but is not limited to) land that is within any of the following zones under another environmental planning instrument:
(a)  a zone that is identified as principally for rural uses,
(b)  a zone that is identified as principally for urban investigation,
(c)  a zone that is identified as principally for residential uses on large residential allotments (for example, Zones R5 Large Lot Residential and RU6 Transition referred to in the standard instrument for principal local environmental planning instruments prescribed by the Standard Instrument (Local Environmental Plans) Order 2006).
(2A)  For the avoidance of doubt, land that is not zoned primarily for urban purposes includes (but is not limited to) land to which Warringah Local Environmental Plan 2000 applies that is located within locality B2 (Oxford Falls Valley) or C8 (Belrose North) under that plan.
(3)  Nothing in subclause (2) or (2A) operates to make any land not referred to in those subclauses land that is zoned primarily for urban purposes.
(4) Land that adjoins land zoned primarily for urban purposes For the purposes of this Policy, land that adjoins land that is zoned primarily for urban purposes includes (but is not limited to) land that would directly adjoin land that is zoned primarily for urban purposes but for the presence of a public road to which there is direct vehicular and pedestrian access from the adjoining land.
(5) Application of Policy to land zoned for special uses and existing registered clubs For the purposes of this Policy (and for the avoidance of doubt), a consent authority must not treat:
(a)  land on which development for the purposes of special uses is permitted, or
(b)  land that is being used for the purposes of an existing registered club,
as being land zoned primarily for urban purposes unless it is satisfied that most of the land that it adjoins is land zoned for urban purposes.
(6) Land to which Policy does not apply This Policy does not apply to:
(a)  land described in Schedule 1 (Environmentally sensitive land), or
(b)  land (other than land to which Warringah Local Environmental Plan 2000 applies) that is zoned for industrial purposes, or
(c)    (Repealed)
(7)  Nothing in subclause (6) (a) or Schedule 1 operates to preclude the application of this Policy to land only because:
(b)  in the case of land that is used for the purposes of an existing registered club—the land is described in another environmental planning instrument as:
(i)  private open space, or
(ii)  open space where dwellings or dwelling-houses are permitted.
(8)    (Repealed)
(9) Application of Policy to certain land in Sutherland Shire For the purposes of this Policy (and despite anything to the contrary in subclause (1), (2) or (5)), the land that is shown with heavy edging on the map marked “Map 32 Cronulla Sutherland Leagues Club, Captain Cook Drive” in Schedule 7 to Sutherland Shire Local Environmental Plan 2000 is taken to be land that is zoned primarily for urban purposes.
Note.
 Clause 7 (2) (a) of Sutherland Shire Local Environmental Plan 2006 continues the application of Sutherland Shire Local Environmental Plan 2000 to the land referred to in this subclause.
(10)  For the purposes of this Policy (and despite anything to the contrary in subclause (1) or (4)), any land that adjoins the land referred to in subclause (9) is not to be treated as being land that adjoins land zoned primarily for urban purposes.
(11)  Subclause (6) does not apply in relation to:
(a)  the land referred to in subclause (9), or
(b)  land in Alexander Avenue, Taren Point, being Lot 2, DP 1026203, or
(c)  an application to carry out development for the purposes of a residential care facility on land in any of the following zones under Sutherland Shire Local Environmental Plan 2006:
(i)  Zone 4—Local Housing,
(ii)  Zone 5—Multiple Dwelling A,
(iii)  Zone 6—Multiple Dwelling B,
(iv)  Zone 7—Mixed Use—Kirrawee,
(v)  Zone 8—Urban Centre,
(vi)  Zone 9—Local Centre,
(vii)  Zone 10—Neighbourhood Centre.
(12) Application of Policy to certain land in Hornsby Shire For the purposes of this Policy (and despite anything to the contrary in subclause (1), (2) or (6)), the land comprised by each of the following is taken to be land that adjoins land zoned primarily for urban purposes:
(a)  599–607 Old Northern Road, Glenhaven (being Lot 2, DP 1123753),
(b)  589–593 Old Northern Road, Glenhaven (being Lot 1, DP 135398 and Lots 2 and 3, DP 225754).
(13)    (Repealed)
5   Relationship to other environmental planning instruments
(1)  This Policy repeals State Environmental Planning Policy No 5—Housing for Older People or People with a Disability.
(2)  Despite anything to the contrary in this Policy:
(a)  a consent authority may not grant consent to a development application made pursuant to Chapter 3 in relation to the land referred to in clause 4 (9) if the proposed development does not comply with the requirements of clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 relating to development for the purposes of seniors housing, and
(b)  the provisions of clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 relating to development for the purposes of seniors housing prevail over the provisions of this Policy to the extent of any inconsistency.
Note.
 Clause 7 (2) (a) of Sutherland Shire Local Environmental Plan 2006 continues the application of Sutherland Shire Local Environmental Plan 2000 to the land referred to in clause 4 (9).
Clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 (when read with clause 4 in Part 1 of Schedule 8 to that Plan):
(a)  applies the development standards in Parts 4 and 7 of Chapter 3 of this Policy to development for the purposes of seniors housing on the land referred to in clause 4 (9), and
(b)  provides for those development standards to prevail to the extent of any inconsistency with development standards set out in Part 1 of Schedule 8 to the Plan for such development on that land.
(3)  If this Policy is inconsistent with any other environmental planning instrument, made before or after this Policy, this Policy prevails to the extent of the inconsistency.
(4)  This Policy does not affect a provision in another environmental planning instrument that relates to the demolition of a heritage item.
6   Transitional provisions relating to certain development applications and development
(1)  Despite clause 5 (1), State Environmental Planning Policy No 5—Housing for Older People or People with a Disability as in force immediately before its repeal continues to apply to and in respect of the following as if it had not been repealed:
(a)  any development application made under that Policy on or before 18 February 2004, but not finally determined before the commencement of this Policy, and
(b)  any development application, whether made before or after the commencement of this Policy, that relates to development for which a development consent was granted under the Policy as referred to in section 80 (4) of the Act, and
(c)  the carrying out of any development for which development consent was granted under the Policy before its repeal or that is granted under the Policy (as continued in force by this subclause).
(2)  For the purposes of subclause (1), State Environmental Planning Policy No 5—Housing for Older People or People with a Disability is taken to be continued in force as if any requirement in that Policy for the installation or use of thermostatic mixing devices for hot water in kitchens, laundries or bathrooms could be satisfied by the installation or use of tempering valves for hot water in bathrooms only.
(3)  The provisions of State Environmental Planning Policy No 5—Housing for Older People or People with a Disability, as continued in force by subclause (1), do not apply so as to allow any enlargement, expansion or intensification of any development to which that subclause applies or any redevelopment.
7   Suspension of certain agreements and covenants
(1)  For the purpose of enabling development to be carried out in accordance with this Policy or in accordance with a consent granted under the Act, any agreement or covenant imposing restrictions on any such development, to the extent necessary to serve that purpose, does not apply to the development.
(2)  Subclause (1) does not apply to a covenant in favour of Sydney Water Corporation or a water supply authority listed in Schedule 3 to the Water Management Act 2000.
(3)  Before this Policy was made, the Governor approved this clause under section 28 of the Act.