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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 28 February 2019 to date (accessed 19 April 2019 at 13:08)
Chapter 4
Chapter 4 Miscellaneous
51   Amendments to the bush fire evacuation risk map
(1)  The Planning Secretary may prepare a map or maps for the purpose of amending or replacing the bush fire evacuation risk map.
(2)  In preparing such a map, the Planning Secretary is to take the following matters into consideration:
(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,
(f)  any recommendations made by the NSW Rural Fire Service.
(3)  A map prepared under this clause has effect only if this Policy is amended to give effect to it.
52   Savings for development applications made before SEPP (Seniors Living) 2004 (Amendment No 1)
A development application made pursuant to Chapter 3 that was lodged with the consent authority (but not finally determined) before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 1) is to be determined as if that Policy had not been made.
53   Savings and transitional provisions for development applications made before SEPP (Seniors Living) 2004 (Amendment No 2)
(1)  A development application made pursuant to Chapter 3 that was lodged with a consent authority (but not finally determined) before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 2) is to be determined as if that Policy had not been made.
(2)  Despite any other provision of this Policy, a consent authority may consent to a development application relating to development for the purposes of serviced self-care housing on land adjoining land zoned primarily for urban purposes even though the consent authority is not satisfied of the matters referred to in clause 17 (2) if the consent authority is satisfied that:
(a)  the development concerned forms part of a “deferred commencement” consent under section 80 (3) of the Act, or a staged development, in which the first or an earlier stage was granted development consent before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 1), or
(b)  the development concerned is the subject of a site specific master plan or development control plan that was made or adopted before the commencement of State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 1) and development consent was granted before that commencement for the carrying out of other development identified by the plan.
(3)  Without limiting subclause (2), the provisions of that subclause extend to development for the purposes of serviced self-care housing on any of the following land even if the development concerned is not of a kind referred to in subclause (2) (a) or (b):
(a)  Lot 2, DP 1123753, 599–607 Old Northern Road, Glenhaven and Lot 1, DP 135398, Lot 2 & Lot 3, DP 225754, 589–591 and 593 Old Northern Road, Glenhaven,
(b)  Lot 188, DP 755537 and Lot 155, DP 755537, 24 Coronation Road, Congarinni North,
(c)  Lot 4, DP 262132, 38 Progress Street, Tahmoor, Lot A DP, 365411, 30 Progress Street, Tahmoor, Lot 1, DP 623127, 36 Progress Street, Tahmoor and Lot 222, DP 10669, 42 Progress Street, Tahmoor.
(4)  Clause 24 does not apply to a development application for the purposes of development of a kind to which subclause (2) applies or extends.
54   Savings and transitional provisions—site compatibility amendments
Clause 24, as amended by State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011, applies to a development application for development to which that clause applies that was made, but not determined, before the commencement of the amendments.
(1)  Subject to subclause (2), clause 25, as amended by the State Environmental Planning Policy (Housing for Seniors or People with a Disability) Amendment 2018, extends to an application for a site compatibility certificate made, but not determined, before 1 October 2018 if the application was made on or after 10 November 2017.
(2)  The relevant panel, and not the Planning Secretary, is to determine applications for site compatibility certificates made, but not determined, before 1 October 2018.
(3)  A reference in clause 24 (as amended by the Policy referred to in subclause (1)) to the relevant panel extends to the Planning Secretary in respect of a current site compatibility certificate issued before 1 October 2018.
55   Residential care facilities for seniors required to have fire sprinkler systems
A consent authority must not grant consent to carry out development for the purpose of a residential care facility for seniors unless the proposed development includes a fire sprinkler system.