State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW)
Planning Legislation Amendment Bill 2019
This Policy is State Environmental Planning Policy (Affordable Rental Housing) 2009.
Except as provided by subclause (2), this Policy commences on the day on which it is published on the NSW legislation website.
Schedules 3.2 [2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14 commence on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.
The aims of this Policy are as follows—
(a) to provide a consistent planning regime for the provision of affordable rental housing,
(b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,
(c) to facilitate the retention and mitigate the loss of existing affordable rental housing,
(d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,
(e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing,
(f) to support local business centres by providing affordable rental housing for workers close to places of work,
(g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.
In this Policy—
(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or
(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or
(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.
(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and
(b) when used in any other context, means development consent.
As a result of paragraph (a) of the definition of
Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.
(a) the region comprising the local government areas within the boundary shown on the map in Schedule 1 to the Greater Sydney Commission Act 2015, and
(b) the region comprising the Central Coast local government area.
The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.
(a) the Department of Human Services,
(b) the Land and Housing Corporation,
(c) a registered community housing provider,
(d) the Aboriginal Housing Office,
(e) a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998,
(f) a local government authority that provides affordable housing,
(g) a not-for-profit organisation that is a direct provider of rental housing to tenants.
(a) the long term accommodation, in a separate dwelling or boarding room, of a person (such as former homeless person) who needs support services to be provided in the building, and
(b) any services in support of such a person, including but not limited to, medical services, counselling services or education and training services,
and it may include the use of part of the building for the purposes of supervising, or providing administrative services in respect of, such a person.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
A word or expression used in this Policy (other than Schedule 1 or 2) 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) unless it is otherwise defined in this Policy.
Notes and examples included in this Policy do not form part of this Policy.
A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 3.20 (2) of the Act—
(a) that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or
(b) if no such determination has been made in respect of the particular zone, is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.
An assessment made by a relevant authority under subclause (1) (b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.
Despite subclause (1), in relation to land—
(a) to which an environmental planning instrument that is not made as provided by section 3.20 (2) of the Act applies, and
(b) to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,
a reference in this Policy to a lot or land in a land use zone that is equivalent to a named land use zone is a reference to a lot or land specified in such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.
In subclause (2A),
In this clause,
(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
(b) if the development is to be carried out by or on behalf of a person other than a public authority, the consent authority.
Land use zones that are named in this Policy are those set out in the standard instrument.
The Act defines affordable housing as follows—
In this Policy, a household is taken to be a very low income household, low income household or moderate income household if the household—
(a) has a gross income that is less than 120 per cent of the median household income for the time being for the Greater Sydney (Greater Capital City Statistical Area) (according to the Australian Bureau of Statistics) and pays no more than 30 per cent of that gross income in rent, or
(b) is eligible to occupy rental accommodation under the National Rental Affordability Scheme and pays no more rent than that which would be charged if the household were to occupy rental accommodation under that scheme.
In this Policy, residential development is taken to be for the purposes of affordable housing if the development is on land owned by the Land and Housing Corporation.
This Policy applies to the State.
If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
For the purpose of enabling development on land in any zone to be carried out in accordance with this Policy or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the persons making the environmental planning instruments when the instruments are made.
Any 2 or more named maps may be combined into a single map.
In that case, a reference in this Policy to a named map is a reference to the relevant part or aspect of the single map.
Maps adopted by this Policy are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Policy are to be made available on the official NSW legislation website in connection with this Policy.
This Division applies to residential development if—
(a) the development is permitted with consent under another environmental planning instrument, and
(b) the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, an interim heritage order or on the State Heritage Register under the Heritage Act 1977, and
(c) the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20%, and
(d) for development on land in the Greater Sydney region, Newcastle region or Wollongong region—all or part of the development is within an accessible area, and
(e) for development on other land—all or part of the development is within 400 metres walking distance of land within Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to those zones.
In this clause—
(a) Cessnock,
(b) Lake Macquarie,
(c) Maitland,
(d) Newcastle,
(e) Port Stephens.
(a) attached dwellings,
(b) dual occupancies,
(c) dwelling houses,
(d) manor houses,
(e) multi dwelling housing,
(f) multi dwelling housing (terraces),
(g) residential flat buildings,
(h) semi-detached dwellings.
(a) Kiama,
(b) Shellharbour,
(c) Wollongong.
(Repealed)
(Repealed)
The maximum floor space ratio for development to which this Division applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus—
(a) if the existing maximum floor space ratio is 2.5:1 or less—
(i) 0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii) Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where—
AH is the percentage of the gross floor area of the development that is used for affordable housing.Y = AH ÷ 100
or
(b) if the existing maximum floor space ratio is greater than 2.5:1—
(i) 20 per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii) Z per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where—
AH is the percentage of the gross floor area of the development that is used for affordable housing.Z = AH ÷ 2.5
In this clause,
Other areas are also excluded from the gross floor area, see the definition of
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds—
(a) (Repealed)
(b) site area if the site area on which it is proposed to carry out the development is at least 450 square metres,
(c) landscaped area if—
(i) in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or
(ii) in any other case—at least 30 per cent of the site area is to be landscaped,
(d) deep soil zones if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed—
(i) there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the
deep soil zone ), and(ii) each area forming part of the deep soil zone has a minimum dimension of 3 metres, and
(iii) if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,
(e) solar access if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds—
(a) parking if—
(i) in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or
(ii) in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,
(b) dwelling size if each dwelling has a gross floor area of at least—
(i) 35 square metres in the case of a bedsitter or studio, or
(ii) 50 square metres in the case of a dwelling having 1 bedroom, or
(iii) 70 square metres in the case of a dwelling having 2 bedrooms, or
(iv) 95 square metres in the case of a dwelling having 3 or more bedrooms.
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).
A consent authority must not consent to development to which this Division applies unless it has taken into consideration the following, to the extent to which they are consistent with this Policy—
(a) the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004,
(b) for development for the purposes of manor houses or multi dwelling housing (terraces)—the Low Rise Housing Diversity Design Guide.
This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies.
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.
A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that—
(a) for 10 years from the date of the issue of the occupation certificate—
(i) the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and
(ii) all accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.
Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.
In this Division—
(a) the erection of, or alterations or additions to, a secondary dwelling,
(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.
The standard instrument defines secondary dwelling as follows—
(a) is established in conjunction with another dwelling (the
principal dwelling ), and(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and
(c) is located within, or is attached to, or is separate from, the principal dwelling.
This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones, but only if development for the purposes of a dwelling house is permissible on the land—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential.
This Division applies to development, on land to which this Division applies, for the purposes of a secondary dwelling and ancillary development (within the meaning of Schedule 1).
Development to which this Division applies may be carried out with consent.
A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.
A consent authority must not consent to development to which this Division applies unless—
(a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and
(b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.
A consent authority must not refuse consent to development to which this Division applies on either of the following grounds—
(a) site area if—
(i) the secondary dwelling is located within, or is attached to, the principal dwelling, or
(ii) the site area is at least 450 square metres,
(b) parking if no additional parking is to be provided on the site.
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 (4).
Development for the purposes of a secondary dwelling (other than development referred to in subclause (2)) is complying development if the development—
(a) General requirements meets the general requirements for complying development set out in clauses 1.17A and 1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and
(a1) (Repealed)
(b) Land-based requirements is on a lot that does not include any land referred to in clause 1.19 (1) of that Policy, and
(c) Specified development is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d) is on a lot that has an area of at least 450 square metres, and
(e) does not involve the erection of a basement or alterations or addition to an existing basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g) Development standards satisfies the development standards set out in Schedule 1.
Development for the purposes of a secondary dwelling that is located entirely within an existing dwelling house is complying development if the development—
(a) General requirements meets the relevant provisions of the Building Code of Australia, and
(a1) (Repealed)
(b) Land-based requirements is on a lot that does not include any—
(i) land that is an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or
(ii) land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of that Policy, and
(c) Specified development is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and
(e) does not involve the erection of a basement or alterations or addition to an existing basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g) Development standards will not result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling, and
(h) will not result in the floor area of the secondary dwelling being more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, being more than that greater floor area.
(Repealed)
If a secondary dwelling is to be built at the same time as a principal dwelling, the building of both dwellings and any ancillary development on the lot may be carried out as a single complying development if—
(a) the building of the secondary dwelling can be carried out as complying development under this Division, and
(b) the building of the principal dwelling and any ancillary development can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
In determining whether a principal dwelling (when built at the same time as a secondary dwelling) can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the secondary dwelling is not to be taken into account.
This means that the principal dwelling would be considered to be a dwelling house (a building containing only one dwelling) for the purposes of that Policy even if the secondary dwelling were within it or attached to it.
A complying development certificate for development that is complying development under this Division 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 principal dwelling or a secondary dwelling.
Principal and secondary dwellings will be classified as class 1a or class 2 under the Building Code of Australia depending on the configuration of those dwellings.
A consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out under this Division.
In this Division—
This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone B1 Neighbourhood Centre,
(f) Zone B2 Local Centre,
(g) Zone B4 Mixed Use.
This Division applies to development, on land to which this Division applies, for the purposes of boarding houses.
Despite subclause (1), clauses 29, 30 and 30A do not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone in the Greater Sydney region unless the land is within an accessible area.
Despite subclause (1), clauses 29, 30 and 30A do not apply to development on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone that is not in the Greater Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use or within a land use zone that is equivalent to any of those zones.
Development to which this Division applies may be carried out with consent.
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.
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds—
(a) building height if 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 area if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located,
(c) solar access where 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 space if 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) parking if—
(i) in the case of development carried out by or on behalf of a social housing provider in an accessible area—at least 0.2 parking spaces are provided for each boarding room, and
(ii) in the case of development carried out by or on behalf of a social housing provider not in an accessible area—at least 0.4 parking spaces are provided for each boarding room, and
(iia) in the case of development not carried out by or on behalf of a social housing provider—at least 0.5 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 size if 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.
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.
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).
In this clause—
A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following—
(a) if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,
(b) no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,
(c) no boarding room will be occupied by more than 2 adult lodgers,
(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,
(e) if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,
(f) (Repealed)
(g) if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,
(h) at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.
Subclause (1) does not apply to development for the purposes of minor alterations or additions to an existing boarding house.
A consent authority must not grant development consent to a boarding house on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied that the boarding house has no more than 12 boarding rooms.
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.
This Division applies to land on which development for the purposes of a residential flat building or boarding house is permissible under this or any other environmental planning instrument.
This Division applies to development, on land to which this Division applies, for the purposes of supportive accommodation.
Development to which this Division applies may be carried out without consent but only if the development does not involve the erection or alteration of, or addition to, a building.
This Division applies to the following land, but not if development for the purposes of a residential flat building is permissible on the land under another environmental planning instrument—
(a) land in the Greater Sydney region that is within 800 metres of—
(i) a public entrance to a railway station or light rail station, or
(ii) in the case of a light rail station with no entrance—a platform of the light rail station,
(b) land in one of the following towns that is within 400 metres of land in Zone B3 Commercial Core, Zone B4 Mixed Use or a land use zone that is equivalent to either of those zones—
• Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong, Wollongong.
This Division applies to development, on land to which this Division applies, for the purposes of a residential flat building—
(a) by or on behalf of a public authority or social housing provider, or
(b) by a person who is undertaking the development with the Land and Housing Corporation.
Despite subclause (1), this Division does not apply to development to which Division 1 applies.
Development to which this Division applies may be carried out with consent.
A consent authority must not consent to development to which this Division applies unless it is satisfied that—
(a) the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses, and
(b) if the development is in respect of a building on land zoned primarily for commercial purposes, no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.
Nothing in this clause prevents a consent authority from—
(a) consenting to development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(b) refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(c) having regard to any other matter in determining a development application.
(Repealed)
Car parking is not required to be provided in relation to development to which this Division applies.
An application for a site compatibility certificate under this Division may be made to the Director-General—
(a) by the owner of the land on which the development is proposed to be carried out, or
(b) by any other person with the consent of the owner of that land.
An application under this clause—
(a) must be in writing in a form approved by the Director-General, and
(b) must be accompanied by such documents and information as the Director-General may require, and
(c) must be accompanied by such fee, if any, as is prescribed by the regulations.
The Director-General may request further documents and information to be furnished in connection with an application under this clause.
Within 7 days after the application is made, the Director-General must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a certificate.
The Director-General may determine the application by issuing a certificate or refusing to do so.
The Director-General must not issue a certificate unless the Director-General—
(a) has taken into account any comments received from the council within 14 days after the application for the certificate was made, and
(b) is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters—
(i) the existing uses and approved uses of land in the vicinity of the development,
(ii) the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Director-General, are likely to be the preferred future uses of that land,
(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c) is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.
A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.
A certificate is valid for 5 years or such other period specified in the certificate.
A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that—
(a) for 10 years from the date of the issue of the occupation certificate—
(i) at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii) all the accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that for 10 years from the date of the issue of the occupation certificate—
(i) at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii) all the accommodation that is used for affordable housing will be managed by a registered community housing provider.
Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.
This clause applies to development for any of the following purposes where that development may be carried out with consent—
(a) residential development, if any building will have a height of 8.5 metres or less and the development will result in 60 dwellings or less on a single site and the provision of not less than the following parking spaces—
(i) for development on land in an accessible area—0.4 parking spaces for each dwelling containing 1 bedroom, 0.5 parking spaces for each dwelling containing 2 bedrooms and 1 parking space for each dwelling containing 3 or more bedrooms, or
(ii) for development that is not in an accessible area—0.5 parking spaces for each dwelling containing 1 bedroom, 1 parking space for each dwelling containing 2 bedrooms and 1.5 parking spaces for each dwelling containing 3 or more bedrooms,
(b) demolition of dwellings and associated structures, but not if the dwelling or structure is on land that—
(i) contains a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register, or
(ii) is identified in an environmental planning instrument as being within a heritage conservation area,
(c) subdivision of land and subdivision works.
This clause does not apply to—
(a) development to which Division 5 applies, or
(b) (Repealed)
(c) development that is part of a project, or part of a stage of a project, that the Minister has determined under section 75P of the Act to be subject to Part 4 of the Act.
Development to which this clause applies may be carried out by or on behalf of the Land and Housing Corporation without development consent.
(Repealed)
This clause applies to residential development referred to in clause 40(1)(a).
Before carrying out the residential development, the Land and Housing Corporation must—
(a) request the council to nominate a person or persons who should, in the council’s opinion, be notified of the development, and
(b) give written notice of the intention to carry out the development to the council, to the person or persons nominated by the council and to the occupiers of adjoining land, and
(c) take into account responses, if any, to the notice that are received within 21 days after the notice is given, and
(d) take into account the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that it is not inconsistent with this Policy, and
(e) consider the Good Design for Social Housing and the Land and Housing Corporation Dwelling Requirements, published in September 2020 on the website of the Land and Housing Corporation, to the extent that they are not inconsistent with this Policy, and
(f) if the development is for the purposes of a manor house or multi dwelling housing (terraces)—consider the provisions of Part 3B of the Codes SEPP, to the extent to which they apply to the development.
Clauses 16 and 17 of State Environmental Planning Policy (Infrastructure) 2007 apply to the residential development and, in the application of the clauses, a reference in the clauses to—
(a) that Policy is taken to be a reference to clause 40 of this Policy, and
(b) a public authority is taken to be a reference to the Land and Housing Corporation.
In this clause, a reference to the council is a reference to the council for the land on which the development is proposed to be located.
Development for the following purposes is exempt development if it is carried out by or on behalf of the Land and Housing Corporation in relation to housing and does not involve the use of external combustible cladding (within the meaning of the Environmental Planning and Assessment Regulation 2000)—
(a) repairs and maintenance work,
(b) non-structural renovations and building alterations.
Development for the purposes of landscaping and gardening is exempt development if it is carried out by or on behalf of the Land and Housing Corporation in relation to housing.
In this Division—
The objective of this clause is to enable certain residential accommodation to be used as build-to-rent housing.
This Division applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land in the following zones—
(a) a zone in which development for the purposes of residential flat buildings is permissible under another environmental planning instrument,
(b) Zone B3 Commercial Core,
(c) Zone B4 Mixed Use,
(d) Zone B8 Metropolitan Centre.
Development consent may be granted for development to which this Division applies if—
(a) the development contains at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and
(b) all buildings containing the dwellings are located on the same lot of land.
Despite clause 41B(3), development consent must not be granted to the erection or use of a building for development to which this Division applies unless the consent authority is satisfied that, during the relevant period—
(a) for development on land in Zone B3 Commercial Core—the building will not be subdivided into separate lots, and
(b) for development on land in another zone—the tenanted component of the building will not be subdivided into separate lots, and
(c) the tenanted component of the building will be—
(i) owned and controlled by 1 person, and
(ii) operated by 1 managing agent, who provides on-site management.
Despite any other provision of this Division, development consent must not be granted to the erection or use of a building for development to which this Division applies on land in Zone B3 Commercial Core unless the consent authority is satisfied that a reasonable change of use can be carried out to change the use of the building to commercial premises.
In this clause—
(a) for development on land in Zone B3 Commercial Core—a period commencing on the day an occupation certificate is issued for all parts of the building or buildings to which the development relates and continuing in perpetuity, or
(b) for development on other land—a period of 15 years commencing on the day an occupation certificate is issued for all parts of the building or buildings to which the development relates.
The objects of this clause are—
(a) to identify development standards for particular matters relating to development for the purposes of build-to-rent housing that, if complied with, prevent the consent authority from requiring more onerous standards for those matters, and
(b) to make it clear that this clause does not enable or prevent the granting of development consent if the development does not comply with a standard specified in this clause.
For the purposes of section 4.15(2) and (3) of the Act, the following are non-discretionary development standards in relation to the carrying out of the development to which this Division applies—
(a) building height if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for a building on the land,
(b) density or scale if the density and scale, expressed as a floor space ratio, of the proposed buildings are not more than—
(i) the existing maximum floor space ratio for residential accommodation permitted under another environmental planning instrument on the land, or
(ii) if the development is on land in a zone in which no residential accommodation is permitted under another environmental planning instrument—the existing maximum floor space ratio for other development permitted on the land,
(c) parking if the number of parking spaces complies with—
(i) the number of parking spaces required under the relevant development control plan or local environmental plan for a residential flat building, or
(ii) if the development is carried out wholly or partly on land in an accessible area in the Greater Sydney Region—the lesser of the number of parking spaces required under subparagraph (i) or 0.5 parking spaces for each dwelling.
To avoid doubt, this clause does not—
(a) prevent the consent authority from refusing a development application in relation to a matter not specified in subclause (2), or
(b) enable or prevent the granting of development consent if a standard specified in subclause (2) is not complied with.
This clause applies to development to which this Division applies only if State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies to the development.
In determining an application for the modification of a development consent or a development application for the carrying out of development to which this clause applies, the consent authority must—
(a) be flexible in applying the design criteria set out in the Apartment Design Guide, including, in particular, the design criteria set out in Part 4, items 4E, 4G and 4K, and
(b) in its consideration of the objectives set out in Part 4 of the Apartment Design Guide, consider the following—
(i) the amenities proposed to be provided to tenants residing in the development through common spaces and shared facilities and services,
(ii) whether the configuration and variety of dwellings in the development will provide adequate options to prospective tenants in relation to the size and layout of the dwellings,
(iii) whether tenants residing in the development will be able to relocate to other dwellings in the development that will better accommodate their housing requirements if their requirements change.
The objective of this clause is to ensure that, in relation to development for the purposes of build-to-rent housing, active uses are provided at the street level in business zones to encourage the presence and movement of people.
This clause applies to development to which this Division applies if the development is on land in a business zone, including as part of a mixed use development.
Despite clause 41B(3), development consent must not be granted to development to which this clause applies unless the consent authority is satisfied that the ground floor of the building—
(a) will not be used for the purpose of residential accommodation, and
(b) will not be used for a car park or to provide ancillary car parking spaces, and
(c) will provide for uses and building design elements that encourage interaction between the inside of the building and the external public areas adjoining the building.
Subclause (3)(c) does not apply to a part of a building that—
(a) faces a service lane that does not require active street frontages, or
(b) is used for any of the following purposes—
(i) a lobby for a residential, serviced apartment, hotel or tenanted component of the building,
(ii) access for fire services,
(iii) vehicular access.
Despite clause 8, in the event of an inconsistency between this clause and a local environmental plan or a development control plan applying to the land, the plan prevails to the extent of the inconsistency.
Nothing in this Division is to be taken to override a requirement to dedicate land or pay a monetary contribution under section 7.32 of the Act.
Development consent must not be granted for development involving the subdivision of a residential flat building for which consent has been granted under clause 41B(3) unless the consent authority has considered the relevant provisions of the Apartment Design Guide in relation to the part of the building affected by the subdivision.
In this Division—
(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.
(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.
(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.
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.
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.
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.
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.
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.
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).
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.
(Repealed)
The development standards for complying development under this clause are set out in Schedule 2.
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.
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.
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.
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.
Unless otherwise provided, this Division applies—
(a) to development to which Divisions 2 and 7 of Part 2 apply, and
(b) in addition to all other development standards specified in those Divisions that apply to the development.
Except as provided by subclause (2), this clause applies to development to which this Division applies that is carried out on a lot that is wholly or partly bush fire prone land.
This clause does not apply to the following development—
(a) development to which Division 7 of Part 2 applies,
(b) the erection of non-habitable ancillary development that is more than 6m from any dwelling house, landscaping, a non-combustible fence or a swimming pool,
(c) development that is carried out on any part of a lot that is land in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).
Note— More information about the categories of bush fire attack, including the flame zone, can be found in Table A1.7 of Planning for Bush Fire Protection.
The development may be carried out on the lot only if—
(a) the development conforms to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development, and
(b) any associated access way is on land that is—
(i) not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or
(ii) grasslands, and
(c) the lot has direct access to a public road or a road vested in or maintained by the council, and
(d) the development is located within 200m of that road, and
(e) there is sufficient access designed in accordance with the acceptable solutions identified in Table 7.4a of Planning for Bush Fire Protection, and
(f) a reticulated water supply is connected to the lot, or a water supply with a 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and
(g) the size of the non-reticulated water supply mentioned in paragraph (f) is—
(i) for a lot with an area no greater than 10,000m
2 —10,000L, and(ii) for a lot with an area greater than 10,000m
2 —20,000L, and
(h) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and
(i) all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and
(j) any gas cylinders on the lot that are within 10m of a dwelling house—
(i) have the release valves directed away from the dwelling house, and
(ii) have metal connections to and from the cylinders, and
(k) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.
The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply.
For the purposes of this clause, land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if—
(a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection, that the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or
(b) in the case of development carried out on grasslands—the development conforms to the specifications and requirements of Table 7.9a of Planning for Bush Fire Protection that are relevant to the development.
In this clause—
Development to which this Division applies must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the relevant complying development certificate, as not being any of the following—
(a) a flood storage area,
(b) a floodway area,
(c) a flow path,
(d) a high hazard area,
(e) a high risk area.
Development to which this Division applies that is carried out on any part of a flood control lot must comply with the following development standards—
(a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room in the dwelling house or group home to have a floor level lower than that floor level,
(b) any part of the dwelling house or group home or any ancillary development that is erected at or below the flood planning level must be constructed of flood compatible material,
(c) any part of the dwelling house or group home and any ancillary development that is erected must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level),
(d) the development must not result in increased flooding elsewhere in the floodplain,
(e) the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the dwelling house or group home,
(f) vehicular access to the dwelling house or group home must not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event,
(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event.
The requirements under subclause (2) (c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied.
A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual.
In this clause—
(a) the flood planning level adopted by a local environmental plan applying to the lot, or
(b) if a flood planning level is not adopted by a local environmental plan applying to the lot, the flood planning level adopted in a development control plan by the relevant council for the lot.
This clause applies to development to which this Division applies that is to be carried out on land in the local government area of Coonamble, Gilgandra or Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo.
The development may be carried out only if it does not result in a dwelling house or group home on land in the local government area of—
(a) Coonamble, Gilgandra or Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo with an outside light fitting other than a shielded light fitting, or
(b) Coonamble, Gilgandra or Warrumbungle Shire with more than 7 shielded outside light fittings or more than 5 such light fittings that are not automatic light fittings.
Development that would otherwise be complying development cannot be carried out in relation to low-rental dwellings or low-rental residential buildings. (See clause 1.4A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.)
In this Part—
(a) it is similar in location because it is in the same or a neighbouring suburb, and
(b) it is at the same rental level, or is not more than 5 per cent higher than that level, and
(c) it is available for occupation at the date of lodgment of the development application, and
(d) in the case of residential flat buildings, comprises dwellings with the same number of bedrooms as the dwellings in the premises the subject of the development application.
(a) is lawfully used as a residential flat building containing a low-rental dwelling or as a boarding house, irrespective of the purpose for which the building may have been erected, or
(b) was used as a residential flat building containing a low-rental dwelling or as a boarding house, but that use has been changed unlawfully to another use, or
(c) is vacant, but the last significant use of which was as a residential flat building containing a low-rental dwelling or as a boarding house.
(Repealed)
(Repealed)
This Part applies to a low-rental residential building on land within the following areas—
(a) the Greater Sydney region,
(b) the local government area of Newcastle,
(c) the local government area of Wollongong.
This Part does not apply to a building—
(a) that has been approved for subdivision under the Strata Schemes (Freehold Development) Act 1973, or
(b) to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, or
(c) owned by, or under the care, control and management of, a social housing provider.
A person must not do any of the following in relation to a building to which this Part applies except with development consent—
(a) demolish the building,
(b) alter or add to the structure or fabric of the inside or outside of the building,
(c) change the use of the building to another use (including, in particular, a change of use to backpackers accommodation),
(d) if the building is a residential flat building, strata subdivide the building.
In determining a development application referred to in subclause (1), the consent authority is to take into account the guidelines and each of the following—
(a) whether there is likely to be a reduction in affordable housing on the land to which the application relates,
(b) whether there is available sufficient comparable accommodation to satisfy the demand for such accommodation,
(c) whether the development is likely to cause adverse social and economic effects on the general community,
(d) whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation,
(e) the extent to which the development contributes to any cumulative loss of affordable housing in the local government area,
(f) the structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements,
(g) whether the imposition of a condition requiring the payment of a monetary contribution for the purposes of affordable housing would adequately mitigate the reduction of affordable housing resulting from the development,
(h) in the case of a boarding house, the financial viability of the continued use of the boarding house.
For the purposes of subclause (2) (b), sufficient comparable accommodation is conclusively taken to be not available if the average vacancy rate in private rental accommodation for Sydney as published monthly by the Real Estate Institute of New South Wales is, for the 3 months immediately preceding the date of lodgment of the development application, less than 3 per cent.
For the purposes of subclause (2) (h), the continued use of a boarding house is financially viable if the rental yield of the boarding house determined under clause 51 (5) not less than 6 per cent.
For the purposes of section 7.32 (1) of the Act, this Policy identifies a need for affordable housing on land within the Greater Sydney region and on land within the local government area of Newcastle or Wollongong City.
For the purposes of section 7.32 (3) (b) of the Act, this Policy authorises a condition to be imposed under section 7.32 of the Act if—
(a) the consent authority, when determining a development application referred to in clause 50 (1), is satisfied that the proposed development will or is likely to reduce the availability of affordable housing within the area, and
(b) the condition is imposed in accordance with the scheme for dedications or contributions set out in subclauses (3) and (4).
If a condition is to be imposed under this clause, the amount of the contribution is to be calculated in accordance with the following formula—
where—
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
2 —in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition.
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.
The group home and all ancillary development must not cover more than 70 per cent of the site area.
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.
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).
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.
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.
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.
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.
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
2 ) to a habitable room in a building wall that faces, and is visible from, any secondary road.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A setback is to be calculated at the closest point to the boundary from the building line.
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.
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.
The distance between buildings that are used for the purposes of group homes on a site must be at least 1.8 metres.
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.
Subclause (1) does not apply to a window located in a bedroom if the window has an area of not more than 2m
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).
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.
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.
At least 50 per cent of the landscaped area must be located behind the building line to the primary road boundary.
The landscaped area must be more than 2.5 metres wide.
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.
At least 2 off-street car parking spaces must be provided on the site on which a group home is erected.
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.
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.
A garage, carport or car parking space must be no more than 1 metre forward of the front building setback.
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.
An open hard stand car parking space must measure at least 2.6 metres wide by 5.4 metres long.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
The swimming pool water line must have a setback of at least 1 metre from a side or rear boundary.
Decking around a swimming pool must not be more than 0.6 metres above ground level (existing).
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).
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.
A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Ancillary development comprising a fence must be constructed so as not to prevent natural flow of stormwater drainage or run-off.
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.
A fence must not include masonry construction to a height of more than 0.9 metres above ground level (existing).
The gradient of any access ramp must not be steeper than 1:14.
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.
An access ramp must not create a traffic or pedestrian hazard.
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.
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.
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.
(Repealed)
State Environmental Planning Policy (Affordable Rental Housing) 2009 (364). LW 31.7.2009. Date of commencement, Sch 3.2 [2]–[4], 3.3 [2]–[4], 3.4, 3.11 [2]–[4] and 3.14 excepted, on publication on LW, cl 2 (1); date of commencement of Sch 3.2 [2]–[4], 3.3 [2]–[4] and 3.4: not in force; Sch 3.11 [2]–[4] were not commenced and were repealed by the Statute Law (Miscellaneous Provisions) Act 2010 No 59; Sch 3.14 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2013 No 47. This Policy has been amended as follows—
(474) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Public Transport) 2009. LW 18.9.2009. Date of commencement, on publication on LW, cl 2. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 3, 9.7.2010, sec 2 (2). | |
(656) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010. LW 1.12.2010. Date of commencement of Sch 4, 25.2.2011, cl 2 (1). Amended by State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2010 (680). LW 10.12.2010. Date of commencement, on publication on LW, cl 2. | |
(103) | State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW 25.2.2011. Date of commencement, 25.2.2011, cl 2. | |
(116) | State Environmental Planning Policy Amendment (Site Compatibility Certificates) 2011. LW 2.3.2011. Date of commencement, on publication on LW, cl 2. | |
(239) | State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011. LW 20.5.2011. Date of commencement, on publication on LW, cl 2. | |
(385) | State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011. LW 29.7.2011. Date of commencement, on publication on LW, cl 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 2.33, 6.1.2012, sec 2 (1). | |
(507) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Group Homes) 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 3, 5.7.2013, sec 2 (1). | |
(706) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013. LW 20.12.2013. Date of commencement, 22.2.2014, cl 2. | |
(453) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2014. LW 18.7.2014. Date of commencement, on publication on LW, cl 2. | |
(316) | State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of sec 4, assent, sec 2 (1). | |
(310) | State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(269) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Housing Code) 2017. LW 16.6.2017. Date of commencement, 28 days after publication on LW, cl 2. | |
(270) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous and Affordable Housing) 2017. LW 16.6.2017. Date of commencement, 28 days after publication on LW, cl 2. | |
(68) | State Environmental Planning Policies Amendment (State and Regionally Significant Development and Law Revision) 2018. LW 28.2.2018. Date of commencement, 1.3.2018, cl 2. | |
(242) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Parking for Boarding Houses) 2018. LW 1.6.2018. Date of commencement, on publication on LW, cl 2. | |
(505) | State Environmental Planning Policy Amendment (Exempt Development—Cladding and Decorative Work) 2018. LW 31.8.2018. Date of commencement, 22.10.2018, cl 2. | |
(569) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Inland Code) 2018. LW 28.9.2018. Date of commencement, 1.1.2019, cl 2. | |
(143) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.22, 15.1.2020, cl 2(1). | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(69) | State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020. Date of commencement, 1.3.2020, cl 2. | |
(765) | State Environmental Planning Policy Amendment (Social Housing) 2020. LW 18.12.2020. Date of commencement of Sch 1, 1.2.2021, cl 2(2). | |
(52) | State Environmental Planning Policy Amendment (Build-to-rent Housing) 2021. LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(175) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment (No 2) 2021 (642). LW 29.10.2021. Date of commencement, 1.11.2021, sec 2. |
Cl 4 | Am 2009 No 106, Sch 2.39 [1]; 2011 (103), Sch 1.9; 2011 (239), Sch 1 [1]; 2020 (765), Sch 1[1]. |
Cl 5 | Am 2013 (706), Sch 2.9 [1]; 2018 (68), Sch 2 [1]. |
Cl 6 | Am 2017 (270), Sch 2 [1]. |
Cl 9 | Am 2009 No 106, Sch 2.39 [2]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 2.22. |
Cl 9A | Ins 2021 (175), Sch 1[1]. |
Cl 10 | Am 2009 (474), cl 4. Subst 2011 (239), Sch 1 [2]; 2020 (765), Sch 1[2]. |
Cll 11, 12 | Rep 2011 (239), Sch 1 [2]. |
Cl 13 | Am 2011 (239), Sch 1 [3]–[6]; 2020 (765), Sch 1[3] [4]. |
Cl 14 | Am 2011 (239), Sch 1 [7]–[10]. |
Cl 15 | Am 2015 (316), Sch 2.15; 2020 (765), Sch 1[5]. |
Cl 16A | Ins 2011 (239), Sch 1 [11]. |
Cl 21 | Am 2017 (270), Sch 2 [2]. |
Cl 23 | Am 2010 (656), Sch 4 [1]–[4]; 2011 No 62, Sch 2.33; 2013 (706), Sch 2.9 [2]–[4]; 2014 (453), Sch 2 [1]; 2016 (310), Sch 4.28 [1]–[3]; 2017 (269), Sch 2 [1] [2]; 2018 (569), Sch 2 [1]. |
Cl 27 | Am 2011 (239), Sch 1 [12]; 2019 (143) Sch 1 [1]; 2020 (765), Sch 1[6]. |
Cl 29 | Am 2011 (239), Sch 1 [13]; 2018 (242), Sch 1 [1]–[3]. |
Cl 30 | Am 2011 (239), Sch 1 [14]. |
Cl 30AA | Ins 2019 (143) Sch 1 [2]. |
Cl 30A | Ins 2011 (239), Sch 1 [15]. |
Cl 34 | Am 2020 (765), Sch 1[6]. |
Cl 36 | Am 2011 (116), Sch 1.1 [1] [2]; 2011 (385), Sch 1.1 [1] [2]. |
Cl 40 | Am 2011 (239), Sch 1 [16]–[18]; 2020 (765), Sch 1[7]–[9]. |
Cl 40A | Ins 2020 (765), Sch 1[10]. |
Cl 41 | Subst 2018 (505), Sch 1.1. |
Part 2, Div 6A (cll 41A–41H) | Ins 2021 (52), Sch 1. |
Cl 42 | Am 2012 (507), Sch 1 [1] [2]. |
Cl 45 | Am 2010 (656), Sch 4 [5]–[8]; 2012 (507), Sch 1 [3]; 2013 (706), Sch 2.9 [5] [6]; 2017 (269), Sch 2 [3]; 2018 (569), Sch 2 [2]. |
Part 2, Div 8 | Ins 2018 (569), Sch 2 [3]. |
Cl 46A | Ins 2018 (569), Sch 2 [3]. |
Cl 46B | Ins 2018 (569), Sch 2 [3]. Subst 2020 (69), Sch 2.1[1]. |
Cll 46C, 46D | Ins 2018 (569), Sch 2 [3]. |
Part 3, note | Ins 2014 (453), Sch 2 [2]. |
Cl 47 | Am 2020 (765), Sch 1[11]–[13]. |
Cl 48 | Rep 2020 (765), Sch 1[14]. |
Cl 49 | Am 2020 (765), Sch 1[15]. |
Cl 51 | Am 2018 (68), Sch 2 [1]; 2020 (765), Sch 1[6]. |
Part 3A (cll 51A–51F) | Ins 2021 (175), Sch 1[2]. |
Cl 54A | Ins 2011 (239), Sch 1 [19]. |
Cl 54B | Ins 2013 (706), Sch 2.9 [7]. |
Cl 54C | Ins 2019 (143) Sch 1 [3]. |
Cl 56 | Ins 2011 (385), Sch 1.1 [3]. |
Cl 57 | Ins 2020 (69), Sch 2.1[2]. |
Sch 1 | Am 2013 (706), Sch 2.9 [8]–[24]; 2017 (270), Sch 2 [3]–[11]. |
Sch 2 | Am 2013 (706), Sch 2.9 [25]–[36]; 2017 (270), Sch 2 [12]–[14]. |
Sch 3 | Am 2010 No 59, Sch 3, cl 1; 2013 No 47, Sch 3; 2015 No 48, sec 4. Rep 2019 (659), Sch 3.1. |
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