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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 19 August 2017 at 06:00)
Part 2 Division 3 Clause 29
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).