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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 23 October 2017 at 15:25)
Part 2 Division 2
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.