Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
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.