State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
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.
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.