You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
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 22 October 2017 at 21:22)
Chapter 3 Part 7
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.