You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2004 - 143)
Skip contents
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Current version for 14 July 2017 to date (accessed 23 August 2017 at 23:50)
Chapter 3
Chapter 3 Development for seniors housing
Part 1 General
14   Objective of Chapter
The objective of this Chapter is to create opportunities for the development of housing that is located and designed in a manner particularly suited to both those seniors who are independent, mobile and active as well as those who are frail, and other people with a disability regardless of their age.
15   What Chapter does
This Chapter allows the following development despite the provisions of any other environmental planning instrument if the development is carried out in accordance with this Policy:
(a)  development on land zoned primarily for urban purposes for the purpose of any form of seniors housing, and
(b)  development on land that adjoins land zoned primarily for urban purposes for the purpose of any form of seniors housing consisting of a hostel, a residential care facility or serviced self-care housing.
16   Development consent required
Development allowed by this Chapter may be carried out only with the consent of the relevant consent authority unless another environmental planning instrument allows that development without consent.
17   Development on land adjoining land zoned primarily for urban purposes
(1)  Subject to subclause (2), a consent authority must not consent to a development application made pursuant to this Chapter to carry out development on land that adjoins land zoned primarily for urban purposes unless the proposed development is for the purpose of any of the following:
(a)  a hostel,
(b)  a residential care facility,
(c)  serviced self-care housing.
(2)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purposes of serviced self-care housing on land that adjoins land zoned primarily for urban purposes unless the consent authority is satisfied that the housing will be provided:
(a)  for people with a disability, or
(b)  in combination with a residential care facility, or
(c)  as a retirement village (within the meaning of the Retirement Villages Act 1999).
Note.
 Clause 13 (3) defines serviced self-care housing as seniors housing that consists of self-contained dwellings where meals, cleaning services, personal care and nursing care are available on site. Clause 42 requires the consent authority to be satisfied that residents of such housing have reasonable access to services. Clause 42 also provides that if services are limited to those provided under Government provided or funded community based care packages, this does not constitute reasonable access to services.
18   Restrictions on occupation of seniors housing allowed under this Chapter
(1)  Development allowed by this Chapter may be carried out for the accommodation of the following only:
(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.
(2)  A consent authority must not consent to a development application made pursuant to this Chapter unless:
(a)  a condition is imposed by the consent authority to the effect that only the kinds of people referred to in subclause (1) may occupy any accommodation to which the application relates, and
(b)  the consent authority is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in subclause (1).
(3)  Subclause (2) does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.
19   Use of seniors housing in commercial zones
Development allowed by this Chapter for the purposes of seniors housing does not include the use for residential purposes of any part of the ground floor of a building that fronts a street if the building is located on land that is zoned primarily for commercial purposes unless another environmental planning instrument permits the use of all of the building for residential purposes.
20   (Repealed)
21   Subdivision
Land on which development has been carried out under this Chapter may be subdivided with the consent of the consent authority.
Note.
 Clause 5 (3) of this Policy ensures that subdivision on the land referred to in clause 4 (9) (b) is permitted by this clause with the consent of the consent authority despite the provisions of clause 65A of the former Sutherland Shire Local Environmental Plan 2000 (which continues to apply to the land by virtue of clause 7 (2) (a) of Sutherland Shire Local Environmental Plan 2006).
22   Fire sprinkler systems in residential care facilities for seniors
Development for the purpose of the installation of a fire sprinkler system in a residential care facility for seniors may be carried out with development consent.
23   Development on land used for the purposes of an existing registered club
(1)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development on land that is used for the purposes of an existing registered club unless the consent authority is satisfied that:
(a)  the proposed development provides for appropriate measures to separate the club from the residential areas of the proposed development in order to avoid land use conflicts, and
(b)  an appropriate protocol will be in place for managing the relationship between the proposed development and the gambling facilities on the site of the club in order to minimise harm associated with the misuse and abuse of gambling activities by residents of the proposed development.
Note.
 The Gaming Machines Act 2001 and the regulations made under that Act provide for gambling harm minimisation measures.
(2)  For the purposes of subclause (1) (a), some of the measures to which a consent authority may have regard include (but are not limited to) the following:
(a)  any separate pedestrian access points for the club and the residential areas of the proposed development,
(b)  any design principles underlying the proposed development aimed at ensuring acceptable noise levels in bedrooms and living areas in the residential areas of the proposed development.
Note.
 See also clause 34 in relation to noise minimisation design principles.
Part 1A Site compatibility certificates
24   Site compatibility certificates required for certain development applications
(1)  This clause applies to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing (other than dual occupancy) if:
(a)  the development is proposed to be carried out on any of the following land to which this Policy applies:
(i)  land that adjoins land zoned primarily for urban purposes,
(ii)  land that is within a zone that is identified as “special uses” under another environmental planning instrument (other than land on which development for the purposes of hospitals is permitted),
(iii)  land that is used for the purposes of an existing registered club, or
(b)  the development application involves buildings having a floor space ratio that would require the consent authority to grant consent under clause 45.
(1A)  Despite subclause (1), this clause does not apply to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing if the proposed development is permissible with consent on the land concerned under the zoning of another environmental planning instrument.
(2)  A consent authority must not consent to a development application to which this clause applies unless the consent authority is satisfied that the Director-General has certified in a current site compatibility certificate that, in the Director-General’s opinion:
(a)  the site of the proposed development is suitable for more intensive development, and
(b)  development for the purposes of seniors housing of the kind proposed in the development application is compatible with the surrounding environment having regard to (at least) the criteria specified in clause 25 (5) (b).
Note.
 Clause 50 (2A) of the Environmental Planning and Assessment Regulation 2000 requires a development application to which this clause applies to be accompanied by a site compatibility certificate.
(3)  Nothing in this clause:
(a)  prevents a consent authority from:
(i)  granting consent to a development application to which this clause applies to carry out development that is on a smaller (but not larger) scale than the kind of development in respect of which a site compatibility certificate was issued, or
(ii)  refusing to grant consent to a development application to which this clause applies by reference to the consent authority’s own assessment of the compatibility of the proposed development with the surrounding environment, or
(b)  otherwise limits the matters to which a consent authority may or must have regard (or of which a consent authority must be satisfied under another provision of this Policy) in determining a development application to which this clause applies.
Note.
 Nothing in this clause affects a consent authority’s duty to give effect to non-discretionary standards set out in this Policy. See, for example, clauses 48, 49 and 50.
(4)    (Repealed)
25   Application for site compatibility certificate
(1)  An application for a site compatibility certificate for the purposes of clause 24 may be made to the Director-General:
(a)  by the owner of the land on which the development is proposed to be carried out, or
(b)  by any other person, with the consent of the owner of that land.
(2)  An application must be:
(a)  in writing, and
(b)  in the form (if any) approved by the Director-General from time to time, and
(c)  accompanied by such documents and information as the Director-General may require.
Note.
 Clause 262A of the Environmental Planning and Assessment Regulation 2000 provides for the maximum fee for an application for a site compatibility certificate.
(3)  Subject to subclause (4) (b), the Director-General must provide a copy of the application to the General Manager of the council for the area in which the development concerned is proposed to be carried out (the relevant General Manager) within the period of 7 days after the application is made.
(4)  Subject to subclause (5), the Director-General:
(a)  may determine the application by issuing a certificate or refusing to do so, and
(b)  if the Director-General refuses to issue a certificate at any time within the period of 7 days after the application is made—is not required to comply with subclause (3).
(5)  The Director-General must not issue a site compatibility certificate unless the Director-General:
(a)  has taken into account the written comments (if any) concerning the consistency of the proposed development with the criteria referred to in paragraph (b) that are received from the relevant General Manager within 21 days after the application for the certificate was made, and
(b)  is of the opinion that the proposed development is compatible with the surrounding land uses having regard to (at least) the following criteria:
(i)  the natural environment (including known significant environmental values, resources or hazards) and the existing uses and approved uses of land in the vicinity of the proposed development,
(ii)  the impact that the proposed development is likely to have on the uses that, in the opinion of the Director-General, are likely to be the future uses of that land,
(iii)  the services and infrastructure that are or will be available to meet the demands arising from the proposed development (particularly, retail, community, medical and transport services having regard to the location and access requirements set out in clause 26) and any proposed financial arrangements for infrastructure provision,
(iv)  in the case of applications in relation to land that is zoned open space or special uses—the impact that the proposed development is likely to have on the provision of land for open space and special uses in the vicinity of the development,
(v)  without limiting any other criteria, the impact that the bulk, scale, built form and character of the proposed development is likely to have on the existing uses, approved uses and future uses of land in the vicinity of the development,
(vi)  if the development may involve the clearing of native vegetation that is subject to the requirements of section 12 of the Native Vegetation Act 2003—the impact that the proposed development is likely to have on the conservation and management of native vegetation.
(6)  Without limiting subclause (4) (a), the Director-General may refuse to issue a certificate if the Director-General considers that the development is likely to have an adverse effect on the environment.
(7)  A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
(8)  The Director-General must, if it is reasonably practicable to do so, determine an application within 35 days after it is lodged.
(9)  A certificate remains current for a period of 24 months after the date on which it is issued by the Director-General.
(10)  The provisions of subclauses (3) and (5) (a) do not apply in relation to the determination of an application for a site compatibility certificate if the Director-General has delegated the function of determining the application to the council for the area in which the development concerned is proposed to be carried out.
Note.
 Section 23 of the Act enables the Director-General to delegate to a council any of the functions of the Director-General imposed or conferred by or under the Act or any other Act.
Part 2 Site-related requirements
Note.
 Information and assessment guidelines may be issued by the Department of Planning from time to time to provide assistance to councils in assessing locations and the provision of services.
26   Location and access to facilities
(1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have access that complies with subclause (2) to:
(a)  shops, bank service providers and other retail and commercial services that residents may reasonably require, and
(b)  community services and recreation facilities, and
(c)  the practice of a general medical practitioner.
(2)  Access complies with this clause if:
(a)  the facilities and services referred to in subclause (1) are located at a distance of not more than 400 metres from the site of the proposed development that is a distance accessible by means of a suitable access pathway and the overall average gradient for the pathway is no more than 1:14, although the following gradients along the pathway are also acceptable:
(i)  a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,
(ii)  a gradient of no more than 1:10 for a maximum length of 5 metres at a time,
(iii)  a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time, or
(b)  in the case of a proposed development on land in a local government area within the Greater Sydney (Greater Capital City Statistical Area)—there is a public transport service available to the residents who will occupy the proposed development:
(i)  that is located at a distance of not more than 400 metres from the site of the proposed development and the distance is accessible by means of a suitable access pathway, and
(ii)  that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities and services referred to in subclause (1), and
(iii)  that is available both to and from the proposed development at least once between 8am and 12pm per day and at least once between 12pm and 6pm each day from Monday to Friday (both days inclusive),
and the gradient along the pathway from the site to the public transport services (and from the public transport services to the facilities and services referred to in subclause (1)) complies with subclause (3), or
(c)  in the case of a proposed development on land in a local government area that is not within the Greater Sydney (Greater Capital City Statistical Area)—there is a transport service available to the residents who will occupy the proposed development:
(i)  that is located at a distance of not more than 400 metres from the site of the proposed development and the distance is accessible by means of a suitable access pathway, and
(ii)  that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities and services referred to in subclause (1), and
(iii)  that is available both to and from the proposed development during daylight hours at least once each day from Monday to Friday (both days inclusive),
and the gradient along the pathway from the site to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) complies with subclause (3).
Note.
 Part 5 contains special provisions concerning the granting of consent to development applications made pursuant to this Chapter to carry out development for the purpose of certain seniors housing on land adjoining land zoned primarily for urban purposes. These provisions include provisions relating to transport services.
(3)  For the purposes of subclause (2) (b) and (c), the overall average gradient along a pathway from the site of the proposed development to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) is to be no more than 1:14, although the following gradients along the pathway are also acceptable:
(i)  a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time,
(ii)  a gradient of no more than 1:10 for a maximum length of 5 metres at a time,
(iii)  a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time.
(4)  For the purposes of subclause (2):
(a)  a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and
(b)  distances that are specified for the purposes of that subclause are to be measured by reference to the length of any such pathway.
(5)  In this clause:
bank service provider means any bank, credit union or building society or any post office that provides banking services.
27   Bush fire prone land
(1)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development on land identified on a bush fire prone land map certified under section 146 of the Act as “Bush fire prone land—vegetation category 1”, “Bush fire prone land—vegetation category 2” or “Bush fire prone land—vegetation buffer” unless the consent authority is satisfied that the development complies with the requirements of the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
(2)  A consent authority, in determining a development application made pursuant to this Chapter to carry out development on land in the vicinity of land identified on a bush fire prone land map certified under section 146 of the Act as “Bush fire prone land—vegetation category 1”, “Bush fire prone land—vegetation category 2” or “Bush fire prone land—vegetation buffer”, must take into consideration the general location of the proposed development, the means of access to and egress from the general location and other relevant matters, including the following:
(a)  the size of the existing population within the locality,
(b)  age groups within that population and the number of persons within those age groups,
(c)  the number of hospitals and other facilities providing care to the residents of the facilities within the locality, and the number of beds within those hospitals and facilities,
(d)  the number of schools within the locality and the number of students at those schools,
(e)  existing development within the locality that has been carried out under this Policy or State Environmental Planning Policy No 5—Housing for Older People or People with a Disability,
(f)  the road network within the locality and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the locality in the event of a bush fire,
(g)  the adequacy of access to and from the site of the proposed development for emergency response vehicles,
(h)  the nature, extent and adequacy of bush fire emergency procedures that are able to be applied to the proposed development and its site,
(i)  the requirements of New South Wales Fire Brigades.
(3)  In exercising its functions under subclause (1) or (2), a consent authority must consult with the NSW Rural Fire Service and have regard to its comments.
28   Water and sewer
(1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.
(2)  If the water and sewerage services referred to in subclause (1) will be provided by a person other than the consent authority, the consent authority must consider the suitability of the site with regard to the availability of reticulated water and sewerage infrastructure. In locations where reticulated services cannot be made available, the consent authority must satisfy all relevant regulators that the provision of water and sewerage infrastructure, including environmental and operational considerations, are satisfactory for the proposed development.
29   Consent authority to consider certain site compatibility criteria for development applications to which clause 24 does not apply
(1)  This clause applies to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing (other than dual occupancy) to which clause 24 does not apply.
Note.
 Clause 24 (1) sets out the development applications to which that clause applies.
(2)  A consent authority, in determining a development application to which this clause applies, must take into consideration the criteria referred to in clause 25 (5) (b) (i), (iii) and (v).
(3)  Nothing in this clause limits the matters to which a consent authority may or must have regard (or of which a consent authority must be satisfied under another provision of this Policy) in determining a development application to which this clause applies.
Part 3 Design requirements
Division 1 General
30   Site analysis
(1)  A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the applicant has taken into account a site analysis prepared by the applicant in accordance with this clause.
(2)  A site analysis must:
(a)  contain information about the site and its surrounds as described in subclauses (3) and (4), and
(b)  be accompanied by a written statement (supported by plans including drawings of sections and elevations and, in the case of proposed development on land adjoining land zoned primarily for urban purposes, an aerial photograph of the site):
(i)  explaining how the design of the proposed development has regard to the site analysis, and
(ii)  explaining how the design of the proposed development has regard to the design principles set out in Division 2.
(3)  The following information about a site is to be identified in a site analysis:
(a)  Site dimensions:
length
width
(b)  Topography:
spot levels and/or contour
north point
natural drainage
any contaminated soils or filled areas
(c)  Services:
easements
connections for drainage and utility services
(d)  Existing vegetation:
location
height
spread of established trees
species
(e)  Micro climates:
orientation
prevailing winds
(f)  Location of:
buildings and other structures
heritage features and items including archaeology
fences
property boundaries
pedestrian and vehicle access
(g)  Views to and from the site
(h)  Overshadowing by neighbouring structures
(4)  The following information about the surrounds of a site is to be identified in a site analysis:
(a)  Neighbouring buildings:
location
height
use
balconies on adjacent properties
pedestrian and vehicle access to adjacent properties
(b)  Privacy:
adjoining private open spaces
living room windows overlooking site
location of any facing doors and/or windows
(c)  Walls built to the site’s boundary:
location
height
materials
(d)  Difference in levels between the site and adjacent properties at their boundaries
(e)  Views and solar access enjoyed by neighbouring properties
(f)  Major trees on adjacent properties
(g)  Street frontage features:
poles
trees
kerb crossovers
bus stops
other services
(h)  The built form and character of adjacent development (including buildings opposite on both sides of the street(s) fronted):
architectural character
front fencing
garden styles
(i)  Heritage features of surrounding locality and landscape
(j)  Direction and distance to local facilities:
local shops
schools
public transport
recreation and community facilities
(k)  Public open space:
location
use
(l)  Adjoining bushland or environmentally sensitive land
(m)  Sources of nuisance:
flight paths
noisy roads or significant noise sources
polluting operations
(n)  Adjoining land uses and activities (such as agricultural activities)
31   Design of in-fill self-care housing
In determining a development application made pursuant to this Chapter to carry out development for the purpose of in-fill self-care housing, a consent authority must take into consideration (in addition to any other matters that are required to be, or may be, taken into consideration) the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004.
32   Design of residential development
A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2.
Division 2 Design principles
33   Neighbourhood amenity and streetscape
The proposed development should:
(a)  recognise the desirable elements of the location’s current character (or, in the case of precincts undergoing a transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and identity of the area, and
(b)  retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and
(c)  maintain reasonable neighbourhood amenity and appropriate residential character by:
(i)  providing building setbacks to reduce bulk and overshadowing, and
(ii)  using building form and siting that relates to the site’s land form, and
(iii)  adopting building heights at the street frontage that are compatible in scale with adjacent development, and
(iv)  considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and
(d)  be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line, and
(e)  embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape, and
(f)  retain, wherever reasonable, major existing trees, and
(g)  be designed so that no building is constructed in a riparian zone.
34   Visual and acoustic privacy
The proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by:
(a)  appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and
(b)  ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.
Note.
 The Australian and New Zealand Standard entitled AS/NZS 2107–2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the Australian Standard entitled AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, published by Standards Australia, should be referred to in establishing acceptable noise levels.
35   Solar access and design for climate
The proposed development should:
(a)  ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and
(b)  involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction.
Note.
 AMCORD: A National Resource Document for Residential Development, 1995, may be referred to in establishing adequate solar access and dwelling orientation appropriate to the climatic conditions.
36   Stormwater
The proposed development should:
(a)  control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and
(b)  include, where practical, on-site stormwater detention or re-use for second quality water uses.
37   Crime prevention
The proposed development should provide personal property security for residents and visitors and encourage crime prevention by:
(a)  site planning that allows observation of the approaches to a dwelling entry from inside each dwelling and general observation of public areas, driveways and streets from a dwelling that adjoins any such area, driveway or street, and
(b)  where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and
(c)  providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.
38   Accessibility
The proposed development should:
(a)  have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and
(b)  provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.
39   Waste management
The proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.
Part 4 Development standards to be complied with
Division 1 General
40   Development standards—minimum sizes and building height
(1) General A consent authority must not consent to a development application made pursuant to this Chapter unless the proposed development complies with the standards specified in this clause.
(2) Site size The size of the site must be at least 1,000 square metres.
(3) Site frontage The site frontage must be at least 20 metres wide measured at the building line.
(4) Height in zones where residential flat buildings are not permitted If the development is proposed in a residential zone where residential flat buildings are not permitted:
(a)  the height of all buildings in the proposed development must be 8 metres or less, and
Note.
 Development consent for development for the purposes of seniors housing cannot be refused on the ground of the height of the housing if all of the proposed buildings are 8 metres or less in height. See clauses 48 (a), 49 (a) and 50 (a).
(b)  a building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height, and
Note.
 The purpose of this paragraph is to avoid an abrupt change in the scale of development in the streetscape.
(c)  a building located in the rear 25% area of the site must not exceed 1 storey in height.
(5) Development applications to which clause does not apply Subclauses (2), (3) and (4) (c) do not apply to a development application made by any of the following:
(a)  the Department of Housing,
(b)  any other social housing provider.
Division 2 Residential care facilities—standards concerning accessibility and useability
Note.
 Development standards concerning accessibility and useability for residential care facilities are not specified in this Policy. For relevant standards, see the Commonwealth aged care accreditation standards and the Building Code of Australia.
Division 3 Hostels and self-contained dwellings—standards concerning accessibility and useability
41   Standards for hostels and self-contained dwellings
(1)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purpose of a hostel or self-contained dwelling unless the proposed development complies with the standards specified in Schedule 3 for such development.
(2)  Despite the provisions of clauses 2, 7, 8, 9, 10, 11, 12, 13 and 15–20 of Schedule 3, a self-contained dwelling, or part of such a dwelling, that is located above the ground floor in a multi-storey building does not have to comply with the requirements of those provisions if the development application is made by, or by a person jointly with, a social housing provider.
Part 5 Development on land adjoining land zoned primarily for urban purposes
42   Serviced self-care housing
(1)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purpose of serviced self-care housing on land that adjoins land zoned primarily for urban purposes unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have reasonable access to:
(a)  home delivered meals, and
(b)  personal care and home nursing, and
(c)  assistance with housework.
(2)  For the purposes of subclause (1), residents of a proposed development do not have reasonable access to the services referred to in subclause (1) if those services will be limited to services provided to residents under Government provided or funded community based care programs (such as the Home and Community Care Program administered by the Commonwealth and the State and the Community Aged Care and Extended Aged Care at Home programs administered by the Commonwealth).
43   Transport services to local centres
(1)  A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purpose of serviced self-care housing on land that adjoins land zoned primarily for urban purposes unless the consent authority is satisfied that a bus capable of carrying at least 10 passengers will be provided to the residents of the proposed development:
(a)  that will drop off and pick up passengers at a local centre that provides residents with access to the following:
(i)  shops, bank service providers and other retail and commercial services that residents may reasonably require,
(ii)  community services and recreation facilities,
(iii)  the practice of a general medical practitioner, and
(b)  that is available both to and from the proposed development to any such local centre at least once between 8am and 12pm each day and at least once between 12pm and 6pm each day.
(2)  Subclause (1) does not apply to a development application to carry out development for the purposes of the accommodation of people with dementia.
(3)  In this clause, bank service provider has the same meaning as in clause 26.
44   Availability of facilities and services
A consent authority must be satisfied that any facility or service provided as a part of a proposed development to be carried out on land that adjoins land zoned primarily for urban purposes will be available to residents when the housing is ready for occupation. In the case of a staged development, the facilities or services may be provided proportionately according to the number of residents in each stage.
Part 6 Development for vertical villages
45   Vertical villages
(1) Application of clause This clause applies to land to which this Policy applies (other than the land referred to in clause 4 (9)) on which development for the purposes of residential flat buildings is permitted.
(2) Granting of consent with bonus floor space Subject to subclause (6), a consent authority may consent to a development application made pursuant to this Chapter to carry out development on land to which this clause applies for the purpose of seniors housing involving buildings having a density and scale (when expressed as a floor space ratio) that exceeds the floor space ratio (however expressed) permitted under another environmental planning instrument (other than State Environmental Planning Policy No 1—Development Standards) by a bonus of 0.5 added to the gross floor area component of that floor space ratio.
Note.
 For example, if the floor space ratio permitted under another environmental planning instrument is 1:1, a consent authority may consent to a development application for the purposes of a building having a density and scale of 1.5:1.
(3)  Subsection (2) applies even if the floor space ratio permitted under another environmental planning instrument is expressed in a development control plan.
(4)  In calculating the gross floor area for the purposes of subclause (2), the floor space used to deliver on-site support services (other than any floor space used to deliver communal or residents’ living areas) is to be excluded.
(5)  However, if the area of the floor space referred to in subclause (4) is greater than 50% of the gross floor area, then the area that may be excluded under subclause (4) is limited to an area that does not exceed 50% of the gross floor area.
(6) Requirements relating to affordable places and on-site support services A consent authority may only grant consent to a development application as referred to in subclause (2) if:
(a)  the consent authority is satisfied, on written evidence, that:
(i)  the proposed development will deliver on-site support services for its residents, and
(ii)  at least 10% of the dwellings for the accommodation of residents in the proposed development will be affordable places, and
(b)  the applicant identifies, to the satisfaction of the consent authority, which of the dwellings for the accommodation of residents in the proposed development will be set aside as affordable places.
(7) Grounds on which consent cannot be refused A consent authority must not refuse consent as referred to in subclause (2) only because the proposed development does not comply with a standard referred to in clause 40 (4) (a), 48 (a), 49 (a) or 50 (a).
(8) Conditions on grants of development consent A development consent may be granted as referred to in subclause (2) subject to a condition that requires the creation of a restrictive or positive covenant on land to which a development application relates concerning the continued provision of the affordable places identified in the application.
(9)  A development consent may be granted as referred to in subclause (2) subject to a condition that requires the affordable places identified in a development application to be owned and managed by an organisation providing community housing that is registered for the time being with the Office of Community Housing.
(10)  Subclauses (8) and (9) do not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.
(11) Clause does not apply to certain heritage affected land Nothing in this clause applies in relation to the granting of consent to a development application made pursuant to this Chapter for the carrying out of development on land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies.
(12) Definitions In this clause:
affordable place, in relation to seniors housing, means a dwelling for the accommodation of a resident:
(a)  whose gross household income falls within the following ranges of percentages of the median household income for the time being for the Greater Sydney (Greater Capital City Statistical Area) according to the Australian Bureau of Statistics:
Very low income household
less than 50%
Low income household
50% or more but less than 80%
Moderate income household
80–120%
(b)  who is to pay rent that does not exceed a benchmark of 30% of the resident’s actual household income.
on-site support services, in relation to residents of seniors housing, means:
(a)  3 meals a day provided on a communal basis or to a resident’s dwelling, and
(b)  personal care, and
(c)  home nursing visits, and
(d)  assistance with housework.
Part 7 Development standards that cannot be used as grounds to refuse consent
Division 1 General
46   Inter-relationship of Part with design principles in Part 3
(1)  Nothing in this Part permits the granting of consent to a development application made pursuant to this Chapter if the consent authority is satisfied that the proposed development does not demonstrate that adequate regard has been given to the principles set out in Division 2 of Part 3.
Note.
 It is considered possible to achieve good design and achieve density ratios set out in Division 2. Good design is critical to meriting these density ratios.
(2)  For the avoidance of doubt, nothing in this Part limits the matters to which the Director-General may have regard in refusing to issue a site compatibility certificate.
47   Part does not apply to certain development applications relating to heritage affected land
Nothing in this Part applies in relation to the granting of consent to a development application made pursuant to this Chapter for the carrying out of development on land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies.
Division 2 Residential care facilities
48   Standards that cannot be used to refuse development consent for residential care facilities
A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a residential care facility on any of the following grounds:
(a)  building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), or
(b)  density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,
(c)  landscaped area: if a minimum of 25 square metres of landscaped area per residential care facility bed is provided,
(d)  parking for residents and visitors: if at least the following is provided:
(i)  1 parking space for each 10 beds in the residential care facility (or 1 parking space for each 15 beds if the facility provides care only for persons with dementia), and
(ii)  1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and
(iii)  1 parking space suitable for an ambulance.
Note.
 The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.
Division 3 Hostels
49   Standards that cannot be used to refuse development consent for hostels
A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a hostel on any of the following grounds:
(a)  building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), or
(b)  density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,
(c)  landscaped area: if a minimum of 25 square metres of landscaped area per hostel bed is provided,
(d)  parking: if at least the following is provided:
(i)  1 parking space for each 5 dwellings in the hostel, and
(ii)  1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and
(iii)  1 parking space suitable for an ambulance.
Note.
 The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.
Division 4 Self-contained dwellings
50   Standards that cannot be used to refuse development consent for self-contained dwellings
A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a self-contained dwelling (including in-fill self-care housing and serviced self-care housing) on any of the following grounds:
(a)  building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys),
(b)  density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less,
(c)  landscaped area: if:
(i)  in the case of a development application made by a social housing provider—a minimum 35 square metres of landscaped area per dwelling is provided, or
(ii)  in any other case—a minimum of 30% of the area of the site is to be landscaped,
(d)  Deep soil zones: if, in relation to that part of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed, there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15% of the area of the site (the deep soil zone). Two-thirds of the deep soil zone should preferably be located at the rear of the site and each area forming part of the zone should have a minimum dimension of 3 metres,
(e)  solar access: if living rooms and private open spaces for a minimum of 70% of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter,
(f)  private open space for in-fill self-care housing: if:
(i)  in the case of a single storey dwelling or a dwelling that is located, wholly or in part, on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided and, of this open space, one area is not less than 3 metres wide and 3 metres long and is accessible from a living area located on the ground floor, and
(ii)  in the case of any other dwelling, there is a balcony with an area of not less than 10 square metres (or 6 square metres for a 1 bedroom dwelling), that is not less than 2 metres in either length or depth and that is accessible from a living area,
Note.
 The open space needs to be accessible only by a continuous accessible path of travel (within the meaning of AS 1428.1) if the dwelling itself is an accessible one. See Division 4 of Part 4.
(g)    (Repealed)
(h)  parking: if at least the following is provided:
(i)  0.5 car spaces for each bedroom where the development application is made by a person other than a social housing provider, or
(ii)  1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, a social housing provider.
Note.
 The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.