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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 21 October 2017 at 14:03)
Schedule 2
Schedule 2 Complying development—group homes
(Clause 45 (2))
1   Definitions
(1)  In this Schedule:
ancillary development means any of the following that are not exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008:
(a)  an access ramp,
(b)  an awning, blind or canopy,
(c)  a balcony, deck, patio, pergola, terrace or verandah that is attached to a group home,
(d)  a carport that is attached to a group home,
(e)  a driveway, pathway or paving,
(f)  a fence or screen,
(g)  a garage that is attached to a group home,
(h)  an outbuilding,
(i)  a rainwater tank that is attached to a group home,
(j)  a retaining wall,
(k)  a swimming pool or spa pool and child-resistant barrier.
outbuilding means any of the following that are detached from a group home:
(a)  a balcony, deck, patio, pergola, terrace or verandah,
(b)  a cabana, cubby house, fernery, shed, gazebo or greenhouse,
(c)  a carport or garage,
(d)  a rainwater tank (above ground),
(e)  a shade structure.
(2)  A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule.
(3)  A word or expression used in this Schedule and not defined in this clause or in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 has the same meaning as it has in the standard instrument (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).
2   Site requirements
Development may only be carried out on a site that:
(a)  has an area of at least 450 square metres (excluding the area of the access laneway if it is a battle-axe lot), and
(b)  has a boundary with, or lawful access to, a public road, and
(c)  if it is not a battle-axe lot, has a boundary with a primary road of at least 12 metres, and
(d)  if it is a battle-axe lot, has an access laneway of at least 3 metres in width, and
(e)  has at least one area on the site that measures at least 12 metres by 12 metres (excluding the access laneway if it is a battle-axe lot).
2A   Site requirements for group homes in certain zones
(1)  Development that is the erection of a group home may only be carried out on a lot:
(a)  in Zone R5 Large Lot Residential, or
(b)  if the lot has an area of at least 4,000m[sup2 ]—in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
(2)  Despite subclause (1), development that is the erection of one or more group homes must not be carried out on a lot if the size of the lot is less than the minimum lot size for the erection of a dwelling house under the environmental planning instrument applying to the lot.
3   Maximum site coverage of all development
(1)  The group home and all ancillary development must not cover more than 70 per cent of the site area.
(2)  For the purpose of calculating the site coverage in subclause (1), the area of any of the following is not included:
(a)  an access ramp,
(b)  any part of an awning, blind or canopy that is outside the outer wall of a building,
(c)  a balcony, deck, patio, pergola, terrace or verandah attached to the group home that is not enclosed by a wall higher than 1.4 metres above the floor level,
(d)  an eave,
(e)  a driveway,
(f)  a fence or screen,
(g)  a pathway or paving,
(h)  a rainwater tank that is attached to the group home,
(i)  a swimming pool or spa pool.
4   Building height
Any building used for the purposes of a group home must not have a building height of more than 8.5 metres above ground level (existing).
5   Setbacks from roads other than classified roads
(1)  A group home and all ancillary development on a site must have a setback from the boundary with a primary road that is not a classified road of at least:
(a)  the average distance of the setbacks of the nearest 2 group homes or dwelling houses having the same primary road boundary and located within 40 metres of the site on which the group home is erected, or
(b)  in any case where 2 group homes or dwelling houses are not located within 40 metres of the site—4.5 metres.
(2)  A group home and all ancillary development on a site must have a setback from the boundary with a secondary road that is not a classified road of at least 2 metres.
(3)  A group home and all ancillary development on a site must have a setback from a boundary with a parallel road that is not a classified road of at least:
(a)  the average distance of the setbacks of the nearest 2 group homes or dwelling houses having the same parallel road boundary and located within 40 metres of the site on which the group home is erected, or
(b)  in any case where 2 group homes or dwelling houses are not located within 40 metres of the site—4.5 metres.
6   Setbacks from classified roads
A group home and all ancillary development on a site must have a setback from a boundary with a classified road of at least:
(a)  if another environmental planning instrument applying to the land establishes a setback for a group home or dwelling house having a boundary with a classified road—that distance, or
(b)  9 metres in any other case.
7   Building articulation
A group home, other than a group home on a battle-axe lot, must have:
(a)  a front door and a window to a habitable room in a building wall that faces, and is visible from, any primary road, and
(b)  a window to a habitable room in a building wall that faces, and is visible from, any parallel road, and
(c)  a window (with an area of at least 1m[sup2 ]) to a habitable room in a building wall that faces, and is visible from, any secondary road.
8   Articulation zones
(1)  A group home that has a setback from a primary road of 3 metres or more is taken to incorporate an articulation zone that extends from the building line to a distance of 1.5 metres into the required setback from the primary road.
(2)  The following building elements are permitted in an articulation zone:
(a)  an entry feature or portico,
(b)  a balcony, deck, patio, pergola, terrace or verandah,
(c)  a window box,
(d)  a bay window or similar feature,
(e)  an awning or other feature over a window,
(f)  a sun shading feature.
(3)  A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the group home.
(4)  The maximum total area of all building elements within the articulation zone, other than a building element listed in subclause (2) (e) or (f), must not be more than 25% of the area of the articulation zone.
9   Side and rear boundary setbacks
(1)  A group home and all ancillary development on a site must have a setback from the side boundary of at least the following:
(a)  in relation to a group home with a building height of up to 3.8 metres—0.9 metres,
(b)  in relation to a group home with a building height greater than 3.8 metres—0.9 metres plus 0.25 per cent of the additional building height above 3.8 metres.
(2)  A group home and all ancillary development on a site must have a setback from the rear boundary of at least the following:
(a)  in relation to a group home or ancillary development with a building height of up to 3.8 metres—0.9 metres,
(b)  in relation to a group home or ancillary development with a building height greater than 3.8 metres—3 metres plus an amount that is 3 times the additional building height above 3.8 metres, up to a maximum setback of 8 metres.
(3)  Despite subclauses (1) and (2), a group home on a site that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary.
10   Calculating setbacks
(1)  For the purpose of determining the nearest 2 dwelling houses in clause 5, a dwelling house or group home located on a battle-axe lot is to be disregarded.
(2)  For the purpose of calculating the setback of the nearest 2 dwelling houses in clause 5:
(a)  any ancillary development is not to be included, and
(b)  any building element within the articulation zone is not to be included.
(3)  For the purpose of calculating setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback.
(4)  For the purpose of calculating a side or rear setback, the maximum building height of a group home on a sloping site is to be used.
(5)  A setback is to be calculated at the closest point to the boundary from the building line.
(6)  For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following:
(a)  a driveway, pathway or paving,
(b)  an eave,
(c)  a fence or screen,
(d)  a retaining wall,
(e)  any ancillary development that is a building element that is permitted in the articulation zone.
11   Exceptions to setbacks
Despite any other clause in this Schedule:
(a)  a group home or any attached ancillary development must have a setback of at least 3 metres from a boundary with a public reserve, and
(b)  side and rear setbacks do not apply to:
(i)  any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any rainwater tank greater than 1.8 metres in height or any other structure associated with the provision of a utility service if it is located at least 450 millimetres from the relevant boundary, and
(ii)  any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, pathway or paving if it is located within any required setback area to the relevant boundary, and
(c)  the setback from a road does not apply to:
(i)  a driveway, fence, pathway, paving or retaining wall, or
(ii)  the articulation zone and any building element that is permitted within that zone, and
(d)  the setback from a rear boundary required by clause 9 of Schedule 2 of this Policy does not apply to a lot that has only 3 boundaries, disregarding any boundary of an access lane if the lot is a battle-axe lot.
12   Building separation
The distance between buildings that are used for the purposes of group homes on a site must be at least 1.8 metres.
13   Privacy
(1)  A window in a new group home, or a new window in any alteration or addition to an existing group home, must have a privacy screen for any part of the window that is less than 1.5 metres above the finished floor level if:
(a)  the window:
(i)  is in a habitable room that has a finished floor level that is more than 1 metre above ground level (existing), and
(ii)  has a sill height that is less than 1.5 metres above that floor level, and
(iii)  faces a side or rear boundary and is less than 3 metres from that boundary, or
(b)  the window:
(i)  is in a habitable room that has a finished floor level that is more than 3 metres above ground level (existing), and
(ii)  has a sill height that is less than 1.5 metres above that floor level, and
(iii)  faces a side or rear boundary and is at least 3 metres, but no more than 6 metres, from that boundary.
(2)  Subclause (1) does not apply to a window located in a bedroom if the window has an area of not more than 2m2.
(3)  A new balcony, deck, patio, terrace or verandah for the purpose of a new group home and any alteration to an existing balcony, deck, patio, terrace or verandah of a group home that has a floor area of more than 3 square metres must have a privacy screen if the balcony, deck, patio, terrace or verandah is:
(a)  within 3 metres of a side or rear boundary and has a floor level that is more than 1 metre above ground level (existing), or
(b)  between 3 metres and 6 metres of a side or rear boundary and has a floor level that is more than 2 metres above ground level (existing).
(4)  Any privacy screen required under subclause (3) must be installed:
(a)  to a height of at least 1.7 metres, but not more than 2.2 metres, above the finished floor level of the balcony, deck, patio, terrace or verandah, and
(b)  at the edge of that part of the development that is within the areas specified in subclause (3) (a) or (b) and is parallel to or faces towards the relevant side or rear boundary.
14   Landscaped area
(1)  At least 20 per cent of the site area on which the erection of, or alterations or additions to, a group home or ancillary development is carried out must be a landscaped area.
(2)  At least 50 per cent of the landscaped area must be located behind the building line to the primary road boundary.
(3)  The landscaped area must be more than 2.5 metres wide.
15   Principal private open space
A site on which a group home is erected must have more than 24 square metres of principal private open space that:
(a)  has an area at ground level (existing) that is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and
(b)  is at least 4 metres wide, and
(c)  has a gradient that is no steeper than 1:50.
16   Requirement to provide car parking
(1)  At least 2 off-street car parking spaces must be provided on the site on which a group home is erected.
(2)  At least 2 off-street car parking spaces must be retained on a site on which alterations or additions to an existing off-street car parking space are carried out.
(3)  A car parking space under this clause may be an open hard stand space or a carport or garage, whether attached or detached from the group home.
17   Garage, carport and parking spaces
(1)  A garage, carport or car parking space must be no more than 1 metre forward of the front building setback.
(2)  If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total width of all those door openings must:
(a)  be not more than 6 metres, and
(b)  be not more than 50 per cent of the width of the building, measured at the building line to the relevant property boundary.
(3)  An open hard stand car parking space must measure at least 2.6 metres wide by 5.4 metres long.
18   Vehicle access
The design and construction of the vehicular access to a site must comply with Australian Standard AS 2890.1—1993, Parking facilities—Off-street car parking.
19   Earthworks, retaining walls and structural support
(1) Excavation Excavation carried out as development for the purpose of a group home under this Policy must be structurally supported in accordance with the requirements specified in subclauses (5) and (6) and must not exceed a maximum depth measured from ground level (existing) of:
(a)  if located within 1 metre from a boundary—1metre, or
(b)  if located more than 1 metre but not more than 1.5 metres from a boundary—2 metres, or
(c)  if located more than 1.5 metres from a boundary—3 metres.
(2)  Despite subclause (1), the excavation must not be more than 1 metre below ground level (existing) if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40 metres of a waterbody (natural).
(3) Fill Fill carried out as development for the purpose of a group home under this Policy must:
(a)  not exceed 1 metre above ground level (existing), and
(b)  be contained in accordance with subclauses (5) and (6) by either:
(i)  a retaining wall or other form of structural support that does not extend more than 1.5 metres from any external wall of the dwelling, or
(ii)  an unprotected sloping embankment or batter, that does not extend from the dwelling house by more than 3 metres, in which case the toe of the embankment or batter must be more than 1m away from a side or rear boundary.
(4)  The final ground level (finished) of fill placed on a site under this clause must not be used for the purpose of measuring the height of any development erected under this Policy.
(5) Retaining walls and structural support Support for earthworks that are more than 600mm above or below ground level (existing) and within 1m of any boundary, or more than 1m above or below ground level (existing) in any other location, must take the form of a retaining wall or other form of structural support that:
(a)  has been certified by a professional engineer, and
(b)  has adequate drainage lines connected to the existing stormwater drainage system for the site, and
(c)  does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is:
(i)  more than 1m in height and within 1m from a side or rear boundary, or
(ii)  more than 3m in height in any other location.
(6)  Any excavation or fill that exceeds 600mm above or below ground level (existing) requires a retaining wall or structural support that must be:
(a)  constructed in accordance with subclause (5), and
(b)  designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and
(c)  separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and
(d)  installed in accordance with any manufacturer’s specification.
Note.
 Fill and excavation that is not associated with a building may be exempt development. See clauses 2.29 and 2.30 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
20   Fill of sloping sites
(1)  Fill associated with the erection of, or alterations or additions to, a group home or ancillary development must:
(a)  be not more than 1 metre above ground level (existing), and
(b)  be contained wholly within the external walls of the group home or ancillary development.
(2)  Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the group home or ancillary development has a setback of more than 2 metres from a side or rear boundary, if:
(a)  the fill is not more than 0.6 metres above ground level (existing), and
(b)  the fill (but not the embankment) does not extend more than 1 metre beyond an external wall of the group home or detached ancillary development, and
(c)  the toe of the unprotected embankment has a setback of at least 0.4 metres from a side or rear boundary.
21   Drainage
(1)  All stormwater collecting as a result of the erection of, or alterations or additions to, a group home or ancillary development must be conveyed by a gravity fed or charged system to:
(a)  a street drainage system under the control of the relevant public authority, or
(b)  an inter-allotment drainage system, or
(c)  an on-site disposal system approved under section 68 of the Local Government Act 1993, if the site is unsewered.
(2)  All surface water run-off emanating from a sloping site as a result of the erection of, or alterations or additions to, a group home or ancillary development must be collected and conveyed to a drainage system listed in subclause (1).
22   Demolition or removal of buildings
(1)  An existing group home, dwelling house or ancillary development that is to be demolished or relocated must:
(a)  be disconnected from any essential service in accordance with the requirements of the relevant authority, and
(b)  not be relocated, except in accordance with the approval of the relevant authority.
(2)  Demolition or removal must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.
23   Swimming pools
(1)  Ancillary development comprising a swimming pool for private use must be located:
(a)  behind the setback from any road boundary, or
(b)  in the rear yard area.
(2)  The swimming pool water line must have a setback of at least 1 metre from a side or rear boundary.
(3)  Decking around a swimming pool must not be more than 0.6 metres above ground level (existing).
(4)  Coping around a swimming pool must not be more than:
(a)  1.4 metres above ground level (existing), or
(b)  0.3 metres wide if the coping is more than 0.6 metres above ground level (existing).
(5)  Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the site is not connected to a sewer main.
Note.
 A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
24   Fences
(1)  Ancillary development comprising a fence must be constructed so as not to prevent natural flow of stormwater drainage or run-off.
(2)  The height of a boundary fence in a residential zone must not exceed:
(a)  in the case of development within the boundaries of an existing group home—2.1 metres above ground level (existing) if the fence is behind the front building line and 1.2 metres above ground level (existing) if the fence is on or forward of that line, and
(b)  in any other case—1.8 metres above ground level (existing) if the fence is behind the front building line and 1.2 metres above ground level (existing) if the fence is on or forward of that line.
(3)  A fence must not include masonry construction to a height of more than 0.9 metres above ground level (existing).
25   Access ramps
(1)  The gradient of any access ramp must not be steeper than 1:14.
(2)  An access ramp must be constructed so as to comply with Australian Standard AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work.
(3)  An access ramp must not create a traffic or pedestrian hazard.
26   Setbacks of group homes and ancillary development from a protected tree
(1)  Development for the purpose of a group home, all ancillary development and any associated excavation on a lot, must have a setback from any protected tree on the lot of at least 3 metres.
(2)  Despite subclause (1), the following ancillary development is permitted within that setback if the development does not require a cut or fill of more than 0.15 metres below or above ground level (existing):
(a)  an access ramp,
(b)  a driveway, pathway or paving,
(c)  an awning, blind or canopy,
(d)  a fence, screen or child-resistant barrier associated with a swimming pool or spa pool.
Note.
 A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.