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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 20 October 2017 at 19:31)
Part 2 Division 3
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.