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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 14 July 2017 to date (accessed 17 October 2017 at 20:30)
Chapter 3 Part 2
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.