State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Chapter 2 Key concepts
In this Policy, seniors are any of the following:(a) people aged 55 or more years,(b) people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided,(c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.
9 People with a disability
In this Policy, people with a disability are people of any age who have, either permanently or for an extended period, one or more impairments, limitations or activity restrictions that substantially affect their capacity to participate in everyday life.
10 Seniors housing
In this Policy, seniors housing is residential accommodation that is, or is intended to be, used permanently for seniors or people with a disability consisting of:(a) a residential care facility, or(b) a hostel, or(c) a group of self-contained dwellings, orbut does not include a hospital.(d) a combination of these,Note.The concept of seniors housing is intended to be a shorthand phrase encompassing both housing for seniors and for people with a disability. This Policy deals with both kinds of housing.Accommodation provided by seniors housing does not have to be limited to seniors or people with a disability. Clause 18 provides that seniors housing may be used for the accommodation of the following:(a) seniors or people who have a disability,(b) people who live within the same household with seniors or people who have a disability,(c) staff employed to assist in the administration of and provision of services to housing provided under this Policy.Relevant classifications in the Building Code of Australia for the different types of residential accommodation are as follows:(a) Class 3, 9a or 9c in relation to residential care facilities,(b) Class 1b or 3 in relation to hostels,(c) Class 1a or 2 in relation to self contained dwellings.
11 Residential care facilities
In this Policy, a residential care facility is residential accommodation for seniors or people with a disability that includes:(a) meals and cleaning services, and(b) personal care or nursing care, or both, andnot being a dwelling, hostel, hospital or psychiatric facility.(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,Note.The Aged Care Act 1997 of the Commonwealth requires residential care facilities to which that Act applies to meet certain requirements.
In this Policy, a hostel is residential accommodation for seniors or people with a disability where:(a) meals, laundering, cleaning and other facilities are provided on a shared basis, and(b) at least one staff member is available on site 24 hours a day to provide management services.Note.A facility may be a hostel (as defined by this Policy) even if it does not provide personal care or nursing care to its residents. A facility that provides such care may be a residential care facility (as defined by this Policy), regardless of how the facility may describe itself.
13 Self-contained dwellings
(1) General term: “self-contained dwelling” In this Policy, a self-contained dwelling is a dwelling or part of a building (other than a hostel), whether attached to another dwelling or not, housing seniors or people with a disability, where private facilities for significant cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part of the building may be provided on a shared basis.(2) Example: “in-fill self-care housing” In this Policy, in-fill self-care housing is seniors housing on land zoned primarily for urban purposes that consists of 2 or more self-contained dwellings where none of the following services are provided on site as part of the development: meals, cleaning services, personal care, nursing care.(3) Example: “serviced self-care housing” In this Policy, serviced self-care housing is seniors housing that consists of self-contained dwellings where the following services are available on the site: meals, cleaning services, personal care, nursing care.