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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 13 December 2017 at 08:49)
Part 2
Part 2 New affordable rental housing
Division 1 In-fill affordable housing
10   Development to which Division applies
(1)  This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:
(a)  the development concerned is permitted with consent under another environmental planning instrument, and
(b)  the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.
(2)  Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.
(3)  Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.
11, 12   (Repealed)
13   Floor space ratios
(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.
(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:
(a)  if the existing maximum floor space ratio is 2.5:1 or less:
(i)  0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:
AH is the percentage of the gross floor area of the development that is used for affordable housing.
Y = AH ÷ 100
or
(b)  if the existing maximum floor space ratio is greater than 2.5:1:
(i)  20 per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii)  Z per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:
AH is the percentage of the gross floor area of the development that is used for affordable housing.
Z = AH ÷ 2.5
(3)  In this clause, gross floor area does not include any car parking (including any area used for car parking).
Note.
 Other areas are also excluded from the gross floor area, see the definition of gross floor area contained in the standard instrument under the Standard Instrument (Local Environmental Plans) Order 2006.
14   Standards that cannot be used to refuse consent
(1) Site and solar access requirements A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
(a)    (Repealed)
(b)  site areaif the site area on which it is proposed to carry out the development is at least 450 square metres,
(c)  landscaped areaif:
(i)  in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or
(ii)  in any other case—at least 30 per cent of the site area is to be landscaped,
(d)  deep soil zonesif, in relation to that part of the site area (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:
(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and
(ii)  each area forming part of the deep soil zone has a minimum dimension of 3 metres, and
(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,
(e)  solar accessif living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.
(2) General A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
(a)  parkingif:
(i)  in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or
(ii)  in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,
(b)  dwelling sizeif each dwelling has a gross floor area of at least:
(i)  35 square metres in the case of a bedsitter or studio, or
(ii)  50 square metres in the case of a dwelling having 1 bedroom, or
(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or
(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.
(3)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).
15   Design requirements
(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.
(2)  This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies.
16   Continued application of SEPP 65
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.
16A   Character of local area
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.
17   Must be used for affordable housing for 10 years
(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:
(a)  for 10 years from the date of the issue of the occupation certificate:
(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and
(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.
(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
18   Subdivision
Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.
Division 2 Secondary dwellings
19   Definition
In this Division:
development for the purposes of a secondary dwelling includes the following:
(a)  the erection of, or alterations or additions to, a secondary dwelling,
(b)  alterations or additions to a principal dwelling for the purposes of a secondary dwelling.
Note.
 
The standard instrument defines secondary dwelling as follows:
secondary dwelling means a self-contained dwelling that:
(a)  
is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
20   Land to which Division applies
This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones, but only if development for the purposes of a dwelling house is permissible on the land:
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential,
(d)  Zone R4 High Density Residential,
(e)  Zone R5 Large Lot Residential.
21   Development to which Division applies
This Division applies to development, on land to which this Division applies, for the purposes of a secondary dwelling and ancillary development (within the meaning of Schedule 1).
22   Development may be carried out with consent
(1)  Development to which this Division applies may be carried out with consent.
(2)  A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.
(3)  A consent authority must not consent to development to which this Division applies unless:
(a)  the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and
(b)  the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.
(4)  A consent authority must not refuse consent to development to which this Division applies on either of the following grounds:
(a)  site areaif:
(i)  the secondary dwelling is located within, or is attached to, the principal dwelling, or
(ii)  the site area is at least 450 square metres,
(b)  parkingif no additional parking is to be provided on the site.
(5)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4).
23   Complying development
(1)  Development for the purposes of a secondary dwelling (other than development referred to in subclause (2)) is complying development if the development:
(a)  General requirementsmeets the general requirements for complying development set out in clauses 1.17A and 1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(a1)  meets the requirements set out in clauses 3.4, 3.5 and 3.6 of that Policy that would be applicable if the development were development specified for the Housing Code set out in Part 3 of that Policy, and
(b)  Land-based requirementsis on a lot that does not include any land referred to in clause 1.19 (1) of that Policy, and
(c)  Specified developmentis on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d)  is on a lot that has an area of at least 450 square metres, and
(e)  does not involve the erection of a basement or alterations or addition to an existing basement, and
(f)  does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g)  Development standardssatisfies the development standards set out in Schedule 1.
(2)  Development for the purposes of a secondary dwelling that is located entirely within an existing dwelling house is complying development if the development:
(a)  General requirementsmeets the relevant provisions of the Building Code of Australia, and
(a1)  meets the requirements set out in clauses 3.4 and 3.5 of State Environmental Planning Policy (Exempt and Complying Development) Codes 2008 that would be applicable if the development were development specified for the Housing Code set out in Part 3 of that Policy, and
(b)  Land-based requirementsis on a lot that does not include any:
(i)  land that is an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(ii)  land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of that Policy, and
(c)  Specified developmentis on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d)  involves no external alterations to the principal dwelling other than the provision of an additional entrance, and
(e)  does not involve the erection of a basement or alterations or addition to an existing basement, and
(f)  does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g)  Development standardswill not result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling, and
(h)  will not result in the floor area of the secondary dwelling being more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, being more than that greater floor area.
(2A)    (Repealed)
(3)  If a secondary dwelling is to be built at the same time as a principal dwelling, the building of both dwellings and any ancillary development on the lot may be carried out as a single complying development if:
(a)  the building of the secondary dwelling can be carried out as complying development under this Division, and
(b)  the building of the principal dwelling and any ancillary development can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(4)  In determining whether a principal dwelling (when built at the same time as a secondary dwelling) can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the secondary dwelling is not to be taken into account.
Note.
 This means that the principal dwelling would be considered to be a dwelling house (a building containing only one dwelling) for the purposes of that Policy even if the secondary dwelling were within it or attached to it.
(5)  A complying development certificate for development that is complying development under this Division is subject to the conditions specified in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, except that the reference in clause 11 of Schedule 6 to that Policy to a dwelling house is taken to be a reference to a principal dwelling or a secondary dwelling.
Note.
 Principal and secondary dwellings will be classified as class 1a or class 2 under the Building Code of Australia depending on the configuration of those dwellings.
24   No subdivision
A consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out under this Division.
Division 3 Boarding houses
25   Definition
In this Division:
communal living room means a room within a boarding house or on site that is available to all lodgers for recreational purposes, such as a lounge room, dining room, recreation room or games room.
26   Land to which Division applies
This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones:
(a)  Zone R1 General Residential,
(b)  Zone R2 Low Density Residential,
(c)  Zone R3 Medium Density Residential,
(d)  Zone R4 High Density Residential,
(e)  Zone B1 Neighbourhood Centre,
(f)  Zone B2 Local Centre,
(g)  Zone B4 Mixed Use.
27   Development to which Division applies
(1)  This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.
(2)  Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Sydney region unless the land is within an accessible area.
(3)  Despite subclause (1), this Division does not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.
28   Development may be carried out with consent
Development to which this Division applies may be carried out with consent.
29   Standards that cannot be used to refuse consent
(1)  A consent authority must not refuse consent to development to which this Division applies on the grounds of density or scale if the density and scale of the buildings when expressed as a floor space ratio are not more than:
(a)  the existing maximum floor space ratio for any form of residential accommodation permitted on the land, or
(b)  if the development is on land within a zone in which no residential accommodation is permitted—the existing maximum floor space ratio for any form of development permitted on the land, or
(c)  if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register—the existing maximum floor space ratio for any form of residential accommodation permitted on the land, plus:
(i)  0.5:1, if the existing maximum floor space ratio is 2.5:1 or less, or
(ii)  20% of the existing maximum floor space ratio, if the existing maximum floor space ratio is greater than 2.5:1.
(2)  A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
(a)  building heightif the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,
(b)  landscaped areaif the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,
(c)  solar accesswhere the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter,
(d)  private open spaceif at least the following private open space areas are provided (other than the front setback area):
(i)  one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers,
(ii)  if accommodation is provided on site for a boarding house manager—one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation,
(e)  parkingif:
(i)  in the case of development in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and
(ii)  in the case of development not in an accessible area—at least 0.4 parking spaces are provided for each boarding room, and
(iii)  in the case of any development—not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site,
(f)  accommodation sizeif each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:
(i)  12 square metres in the case of a boarding room intended to be used by a single lodger, or
(ii)  16 square metres in any other case.
(3)  A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.
(4)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).
30   Standards for boarding houses
(1)  A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:
(a)  if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,
(b)  no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,
(c)  no boarding room will be occupied by more than 2 adult lodgers,
(d)  adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,
(e)  if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,
(f)    (Repealed)
(g)  if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,
(h)  at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.
(2)  Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.
30A   Character of local area
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.
Division 4 Supportive accommodation
31   Land to which Division applies
This Division applies to land on which development for the purposes of a residential flat building or boarding house is permissible under this or any other environmental planning instrument.
32   Development to which Division applies
This Division applies to development, on land to which this Division applies, for the purposes of supportive accommodation.
33   Development may be carried out without consent
Development to which this Division applies may be carried out without consent but only if the development does not involve the erection or alteration of, or addition to, a building.
Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures
34   Land to which Division applies
This Division applies to the following land, but not if development for the purposes of a residential flat building is permissible on the land under another environmental planning instrument:
(a)  land in the Sydney region that is within 800 metres of:
(i)  a public entrance to a railway station or light rail station, or
(ii)  in the case of a light rail station with no entrance—a platform of the light rail station,
(b)  land in one of the following towns that is within 400 metres of land in Zone B3 Commercial Core, Zone B4 Mixed Use or a land use zone that is equivalent to either of those zones:
Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong, Wollongong.
35   Development to which Division applies
(1)  This Division applies to development, on land to which this Division applies, for the purposes of a residential flat building:
(a)  by or on behalf of a public authority or social housing provider, or
(b)  by a person who is undertaking the development with the Land and Housing Corporation.
(2)  Despite subclause (1), this Division does not apply to development to which Division 1 applies.
36   Development may be carried out with consent
(1)  Development to which this Division applies may be carried out with consent.
(2)  A consent authority must not consent to development to which this Division applies unless it is satisfied that:
(a)  the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses, and
(b)  if the development is in respect of a building on land zoned primarily for commercial purposes, no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.
(3)  Nothing in this clause prevents a consent authority from:
(a)  consenting to development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(b)  refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(c)  having regard to any other matter in determining a development application.
(3A)    (Repealed)
(4)  Car parking is not required to be provided in relation to development to which this Division applies.
37   Site compatibility certificates
(1)  An application for a site compatibility certificate under this Division 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 under this clause:
(a)  must be in writing in a form approved by the Director-General, and
(b)  must be accompanied by such documents and information as the Director-General may require, and
(c)  must be accompanied by such fee, if any, as is prescribed by the regulations.
(3)  The Director-General may request further documents and information to be furnished in connection with an application under this clause.
(4)  Within 7 days after the application is made, the Director-General must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a certificate.
(5)  The Director-General may determine the application by issuing a certificate or refusing to do so.
(6)  The Director-General must not issue a certificate unless the Director-General:
(a)  has taken into account any comments received from the council within 14 days after the application for the certificate was made, and
(b)  is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters:
(i)  the existing uses and approved uses of land in the vicinity of the development,
(ii)  the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Director-General, are likely to be the preferred future uses of that land,
(iii)  the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c)  is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.
(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)  A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.
(9)  A certificate is valid for 5 years or such other period specified in the certificate.
38   Must be used for affordable housing for 10 years
(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:
(a)  for 10 years from the date of the issue of the occupation certificate:
(i)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that for 10 years from the date of the issue of the occupation certificate:
(i)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the accommodation that is used for affordable housing will be managed by a registered community housing provider.
(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
39   Continued application of SEPP 65
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.
Division 6 Residential development—Land and Housing Corporation
40   Development may be carried out without consent
(1)  This clause applies to development for any of the following purposes where that development may be carried out with consent:
(a)  residential development, if any building will have a height of 8.5 metres or less and the development will result in 20 dwellings or less on a single site and the provision of not less than the following parking spaces:
(i)  for development on land in an accessible area—0.4 parking spaces for each dwelling containing 1 bedroom, 0.5 parking spaces for each dwelling containing 2 bedrooms and 1 parking space for each dwelling containing 3 or more bedrooms, or
(ii)  for development that is not in an accessible area—0.5 parking spaces for each dwelling containing 1 bedroom, 1 parking space for each dwelling containing 2 bedrooms and 1.5 parking spaces for each dwelling containing 3 or more bedrooms,
(b)  demolition of dwellings and associated structures, but not if the dwelling or structure is on land that:
(i)  contains a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register, or
(ii)  is identified in an environmental planning instrument as being within a heritage conservation area,
(c)  subdivision of land and subdivision works.
(2)  This clause does not apply to:
(a)  development to which Division 5 applies, or
(b)  development that is exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(c)  development that is part of a project, or part of a stage of a project, that the Minister has determined under section 75P of the Act to be subject to Part 4 of the Act.
(3)  Development to which this clause applies may be carried out by or on behalf of the Land and Housing Corporation without development consent.
(4)  Before carrying out development to which this clause applies for a purpose referred to in subclause (1) (a), the Land and Housing Corporation must:
(aa)  before or after giving written notice to the council for the area under this subclause, request the council to nominate any other persons who should, in the council’s opinion, be notified of the development, and
(a)  give written notice of the intention to carry out the development to the council for the area in which the land is located, to any other person nominated for that purpose by that council and to the occupiers of adjoining land, and
(b)  take into account any response to the notice that is received within 21 days after the notice is given, and
(c)  take into account the Seniors Living Policy: Urban Design Guidelines for Infill Development (ISBN 0 7347 5446 9) published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that it is not inconsistent with this Policy.
(5)  Clauses 16 and 17 of State Environmental Planning Policy (Infrastructure) 2007 apply in respect of development for a purpose referred to in subclause (1) (a) and, in the application of those clauses, any reference in those clauses to:
(a)  that Policy is taken to be a reference to this clause, and
(b)  a public authority is taken to be a reference to the Land and Housing Corporation.
41   Exempt development
Development for the following purposes is exempt development if it is carried out by or on behalf of the Land and Housing Corporation in relation to housing:
(a)  repairs and maintenance work,
(b)  non-structural renovations and building alterations,
(c)  landscaping and gardening.
Division 7 Group homes
42   Definitions
(1)  In this Division:
group home means a permanent group home or a transitional group home.
permanent group home means a dwelling:
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
prescribed zone means:
(a)  any of the following land use zones or a land use zone that is equivalent to any of those zones:
(i)  Zone R1 General Residential,
(ii)  Zone R2 Low Density Residential,
(iii)  Zone R3 Medium Density Residential,
(iv)  Zone R4 High Density Residential,
(v)  Zone B4 Mixed Use,
(vi)  Zone SP1 Special Activities,
(vii)  Zone SP2 Infrastructure, and
(b)  any other zone in which development for the purpose of dwellings, dwelling houses or multi dwelling housing may be carried out with or without consent under an environmental planning instrument.
transitional group home means a dwelling:
(a)  that is occupied by persons as single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(2)  In this clause:
(a)  a reference to people with a disability is a reference to people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives, and
(b)  a reference to people who are socially disadvantaged is a reference to:
(i)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(ii)  people who require protection because of domestic violence or upheaval.
43   Development in prescribed zones
(1)  Development for the purpose of a permanent group home or a transitional group home on land in a prescribed zone may be carried out:
(a)  without consent if the development does not result in more than 10 bedrooms being within one or more group homes on a site and the development is carried out by or on behalf of a public authority, or
(b)  with consent in any other case.
(2)  Division 1 of Part 2 of State Environmental Planning Policy (Infrastructure) 2007 applies in respect of development carried out by or on behalf of a public authority under subclause (1) and, in the application of that Division, any reference in that Division to that Policy is taken to be a reference to this clause.
44   Exempt development existing group homes
(1)  Development for a purpose specified in Schedule 1 to State Environmental Planning Policy (Infrastructure) 2007 that is carried out within the boundaries of an existing group home, by or on behalf of a public authority, is exempt development if:
(a)  it meets the development standards for the development specified in that Schedule (as modified by subclause (2)), and
(b)  it complies with the requirements of clause 20 (2) of that Policy.
(2)  For the purposes of this clause, the development standards set out in Schedule 1 to that Policy with respect to carports associated with an existing building are taken to be modified as follows:
(a)  the maximum surface area for such a carport is taken to be 30 square metres,
(b)  the maximum height for such a carport is taken to be 3 metres above ground level (existing),
(c)  any such carport may be located up to 1 metre forward of a front building setback.
45   Complying development—group homes
(1)  Development for the purposes of a group home is complying development if:
(a)  the development does not result in more than 10 bedrooms being within one or more group homes on a site, and
(b)  the development satisfies the requirements for complying development specified in clauses 1.18 and 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (other than clauses 1.18 (1) (h) and 1.19 (1) (b) and the requirement that the development not be in a draft heritage conservation area).
Note.
 Development specified as complying development under this clause may not be undertaken as complying development if the development is on bush fire prone land—see section 100B of the Rural Fires Act 1997.
(1A)  Development under subclause (1) must also satisfy the requirements for complying development specified in clause 3.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(2)  The development standards for complying development under this clause are set out in Schedule 2.
(3)  A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree, or other vegetation, under 4 metres in height if the complying development cannot be carried out without the removal of the tree or other vegetation.
(4)  A complying development certificate for development that is complying development under this clause is subject to the conditions specified in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development) Codes 2008, except that the reference in clause 11 of Schedule 6 to that Policy to a dwelling house is taken to be a reference to a group home.
46   Determination of development applications
(1)  A consent authority must not:
(a)  refuse consent to development for the purpose of a group home unless the consent authority has made an assessment of the community need for the group home, or
(b)  impose a condition on any consent granted for a group home only for the reason that the development is for the purpose of a group home.
(2)  This clause applies to development for the purpose of a group home that is permissible with consent under this or any other environmental planning instrument.