Environmental Planning and Assessment Amendment (Seniors Housing) Regulation 2007 (NSW)
2007 No 495
New South Wales
Environmental Planning and
Assessment Amendment (Seniors
Housing) Regulation 2007
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.
FRANK SARTOR, M.P.,
Minister for Planning
Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment
Regulation 2000:
| (a) | to require a development application that relates to development in respect of which a site compatibility certificate by the Director-General of the Department of Planning is required under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 to be accompanied by such a certificate, and |
| (b) | to prescribe a maximum fee for an application for such a certificate, and |
| (c) | to require certain conditions imposed on development applications granted under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 to be set out in planning certificates issued under section 149 of the Environmental Planning and Assessment Act 1979. |
This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 78A (1) and (9), 137, 149 (2) and 157 (the general regulation-making power).
| Published in Gazette No 132 of 28 September 2007, page 7347 | Page 1 |
| 2007 No 495 | Environmental Planning and Assessment Amendment (Seniors Housing) |
| Clause 1 | Regulation 2007 |
Environmental Planning and Assessment Amendment
(Seniors Housing) Regulation 2007
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment (Seniors Housing) Regulation 2007.
2 Commencement
This Regulation commences on the day on which State Environmental Planning Policy (Seniors Living) 2004 (Amendment No 2) commences.
3 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
| Environmental Planning and Assessment Amendment (Seniors Housing) | 2007 No 495 |
| Regulation 2007 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order:
site compatibility certificate State with a Disability) 2004
has the same meaning as in .
[2] Clause 50 How must a development application be made?
Insert after clause 50 (2):
(2A) A development application that relates to development in respect of which a site compatibility certificate is required under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 must be accompanied by such a certificate. [3] Clause 262A
Insert after clause 262:
| 262A | What is the fee for a site compatibility certificate? | |
|
(a)
in the case where the proposed development is for the purposes of a residential care facility (within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004)—$40 per bed in the proposed facility, or
(b)
in any other case—$40 per dwelling in the proposed development.
(2) The fee for an application to the Director-General for a site
compatibility certificate must not exceed $5,000.
[4] Schedule 4 Planning certificates
Insert at the end of the Schedule with appropriate clause number:
Conditions affecting seniors housing
If a development application is granted on or after the date on which this clause commences under State Environmental Planning Policy (Housing for Seniors or People with a
| 2007 No 495 | Environmental Planning and Assessment Amendment (Seniors Housing) Regulation 2007 |
| Schedule 1 | Amendments |
Disability) 2004 with respect to the land, a statement setting out the terms of any conditions on which the application was granted of the kind referred to in clause 18 (2) of that Policy.
BY AUTHORITY
0
0
0