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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 16:43)
Chapter 1 Clause 4
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)