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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 12 December 2017 at 13:38)
Part 2 Division 7
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.