State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (Amendment No 4) (2008-630) Gazette No 158 of 19 December 2008, page 12619 (NSW)

2008 No 630

New South Wales

State Environmental Planning Policy

(Housing for Seniors or People with a

Disability) 2004 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979 in accordance with the recommendation made by the Minister for Planning. (S08/01679)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 158 of 19 December 2008, page 12619 Page 1

2008 No 630	State Environmental Planning Policy (Housing for Seniors or People with a
Clause 1	Disability) 2004 (Amendment No 4)

State Environmental Planning Policy (Housing for

Seniors or People with a Disability) 2004 (Amendment

No 4)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Housing for

Seniors or People with a Disability) 2004 (Amendment No 4).

2      Commencement

This Policy commences on 1 January 2009.

3      Aims of Policy

The aims of this Policy are as follows:

(a)

to provide that a site compatibility certificate is not required for a development application made pursuant to Chapter 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (the Principal Policy) if the application concerns:

(i)	development for the purposes of seniors housing where the proposed development is permissible with consent on the land concerned under the zoning of another environmental planning instrument, or
(ii)	development of a kind to which clause 53 (2) or (3) of the Principal Policy applies,

(b)

to clarify the relationship between the Principal Policy and local environmental planning instruments that apply in Sutherland Shire,

(c)

to clarify the application of standards for internal spaces when granting consent to a development application made pursuant to Chapter 3 of the Principal Policy for development for the purpose of a hostel or self-contained dwelling,

(d)

to omit certain provisions from the Principal Policy that cease to have effect at the end of 31 December 2008,

(e)

to make consequential amendments to Sutherland Shire Local Environmental Plan 2006 and amendments in the nature of law revision.

State Environmental Planning Policy (Housing for Seniors or People with a 2008 No 630

Disability) 2004 (Amendment No 4) Clause 4

4      Land to which Policy applies

This Policy applies:

(a)

in respect of the aims set out in clause 3 (a) and (c)—to the land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, and

(b)

in respect of the aim set out in clause 3 (b):

(i)	to the land that is shown with heavy edging on the map marked “Map 32 Cronulla Sutherland Leagues Club, Captain Cook Drive” in Schedule 7 to Sutherland Shire Local Environmental Plan 2000 (as in force immediately before its repeal) and
(ii)	to land in Alexander Avenue, Taren Point, being Lot 2, DP 1026203, and

(iii)

Dwelling A, Zone 6—Multiple Dwelling B,

Zone 7—Mixed Use—Kirrawee, Zone 8—Urban Centre,

Zone 9—Local Centre and Zone 10—Neighbourhood

to land in Zone 4—Local Housing, Zone 5—Multiple 2006, and

(c)	in respect of the aim set out in clause 3 (d)—to the land referred to in clause 4 (9) of, and Schedule 2 to, State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,
(d)	in respect of the aim set out in clause 3 (e)—to the land to which Sutherland Shire Local Environmental Plan 2006 applies.

5 Amendment of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is amended as set out in Schedule 1.

6 Amendment of Sutherland Shire Local Environmental Plan 2006

Sutherland Shire Local Environmental Plan 2006 is amended as set out in Schedule 2.

2008 No 630

State Environmental Planning Policy (Housing for Seniors or People with a

Disability) 2004 (Amendment No 4)

Schedule 1

Amendment of State Environmental Planning Policy (Housing for Seniors or

People with a Disability) 2004

Schedule 1

Amendment of State Environmental

Planning Policy (Housing for Seniors or

People with a Disability) 2004

(Clause 5)

[1]      Clause 3 Interpretation

Insert after clause 3 (2):

(2A) A reference in this Policy to Sutherland Shire Local Environmental Plan 2000 is a reference to that Plan as in force immediately before the commencement of Sutherland Shire Local Environmental Plan 2006.

[2]      Clause 4 Land to which Policy applies

Omit the note to clause 4 (1).

[3]      Clause 4 (9)–(13)

Omit the subclauses. Insert instead:

(9)

Application of Policy to certain land in Sutherland Shire

For the purposes of this Policy (and despite anything to the contrary in subclause (1), (2) or (5)), the land that is shown with heavy edging on the map marked “Map 32 Cronulla Sutherland Leagues Club, Captain Cook Drive” in Schedule 7 to Sutherland Shire Local Environmental Plan 2000 is taken to be land that is zoned primarily for urban purposes.

Note. Clause 7 (2) (a) of Sutherland Shire Local Environmental Plan 2006 continues the application of Sutherland Shire Local Environmental Plan 2000 to the land referred to in this subclause.

(10)

For the purposes of this Policy (and despite anything to the contrary in subclause (1) or (4)), any land that adjoins the land referred to in subclause (9) is not to be treated as being land that adjoins land zoned primarily for urban purposes.

(11)

Subclause (6) does not apply in relation to:

(a)	the land referred to in subclause (9), or
(b)	land in Alexander Avenue, Taren Point, being Lot 2, DP 1026203, or
(c)	an application to carry out development for the purposes of a residential care facility on land in any of the following zones under Sutherland Shire Local Environmental Plan 2006:

(i)      Zone 4—Local Housing,

State Environmental Planning Policy (Housing for Seniors or People with a	2008 No 630
Disability) 2004 (Amendment No 4)

Amendment of State Environmental Planning Policy (Housing for Seniors or	Schedule 1
People with a Disability) 2004

(ii)      Zone 5—Multiple Dwelling A,

(iii)      Zone 6—Multiple Dwelling B,

(iv)      Zone 7—Mixed Use—Kirrawee,

(v)      Zone 8—Urban Centre,

(vi)      Zone 9—Local Centre,

(vii)      Zone 10—Neighbourhood Centre.

[4]      Clause 5 Relationship to other environmental planning instruments

Insert after clause 5 (1):

(2)

Despite anything to the contrary in this Policy:

(a)	a consent authority may not grant consent to a development application made pursuant to Chapter 3 in relation to the land referred to in clause 4 (9) if the proposed development does not comply with the requirements of clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 relating to development for the purposes of seniors housing, and
(b)	the provisions of clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 relating to development for the purposes of seniors housing prevail over the provisions of this Policy to the extent of any inconsistency.

Note. Clause 7 (2) (a) of Sutherland Shire Local Environmental Plan 2006 continues the application of Sutherland Shire Local Environmental Plan 2000 to the land referred to in clause 4 (9).

Clause 65 (5) of Sutherland Shire Local Environmental Plan 2000 (when read with clause 4 in Part 1 of Schedule 8 to that Plan):

(a)	applies the development standards in Parts 4 and 7 of Chapter 3 of this Policy to development for the purposes of seniors housing on the land referred to in clause 4 (9), and
(b)	provides for those development standards to prevail to the extent of any inconsistency with development standards set out in Part 1 of Schedule 8 to the Plan for such development on that land.

[5]      Clause 20 Special provisions concerning certain land to which this Policy applies

Omit the clause.

[6]      Clause 24 Site compatibility certificates required for certain development applications

Insert after clause 24 (1):

(1A) Despite subclause (1), this clause does not apply to a

development application made pursuant to this Chapter in respect

2008 No 630

State Environmental Planning Policy (Housing for Seniors or People with a

Disability) 2004 (Amendment No 4)

Schedule 1

Amendment of State Environmental Planning Policy (Housing for Seniors or

People with a Disability) 2004

of development for the purposes of seniors housing if the proposed development is permissible with consent on the land concerned under the zoning of another environmental planning instrument.

[7]      Clause 45 Vertical villages

Omit “clause 4 (9) (b)” from clause 45 (1).

Insert instead “clause 4 (9)”.

[8]      Clause 53 Savings and transitional provisions for development applications made before SEPP (Seniors Living) 2004 (Amendment No 2)

Insert after clause 53 (3):

(4) Clause 24 does not apply to a development application for the purposes of development of a kind to which subclause (2) applies or extends.

[9]      Schedule 2 Special provisions relating to certain land

Omit the Schedule.

[10]      Schedule 3 Standards concerning accessibility and useability for hostels and self-contained dwellings

Omit clause 7. Insert instead:

7      Interior: general

(1)

Internal doorways must have a minimum clear opening that

complies with AS 1428.1.

(2)

Internal corridors must have a minimum unobstructed width of

1,000 millimetres.

(3)

Circulation space at approaches to internal doorways must

comply with AS 1428.1.

[11]      Schedule 3, clause 16 (b)

Omit the paragraph. Insert instead:

(b) a circulation space at door approaches that complies with AS 1428.1, and

[12]      Schedule 3, clause 19 (a)

Omit the paragraph. Insert instead:

(a) a circulation space at door approaches that complies with AS 1428.1, and

State Environmental Planning Policy (Housing for Seniors or People with a	2008 No 630
Disability) 2004 (Amendment No 4)

Amendment of Sutherland Shire Local Environmental Plan 2006 Schedule 2

Schedule 2

Amendment of Sutherland Shire Local

Environmental Plan 2006

(Clause 6)

[1]      Clause 8 Application of SEPPs and REPs

Omit note entitled “Note about application of this plan to seniors housing” at the beginning of the clause and the note to clause 8 (1).

[2]      Dictionary

Omit “State Environmental Planning Policy (Seniors Living) 2004” wherever occurring from the definitions of hostel, permanent group home, seniors housing and transitional group home.

Insert instead “State Environmental Planning Policy (Housing for Seniors or

People with a Disability) 2004”.

[3]      Dictionary, definition of “seniors housing”

Omit the note to the definition.

BY AUTHORITY