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Contents (2004 - 143)
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State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Current version for 28 February 2019 to date (accessed 18 June 2019 at 09:41)
Chapter 1 Clause 3
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.
 The term is defined in section 1.4 (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 1.4 (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.
relevant panel, in relation to a site compatibility certificate (or an application for a certificate), means the Sydney district or regional planning panel constituted for the part of the State in which the land concerned is located.
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 under clause 25 for the purposes of clause 24 (2).
 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.
 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.