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Contents (2009 - 364)
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State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 23 August 2017 at 21:49)
Part 2 Division 1 Clause 14
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(a)    (Repealed)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).