State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 (2009-137) LW 24 April 2009 (NSW)
2009 No 137
| New South Wales |
State Environmental Planning Policy
(Infrastructure) Amendment (Group
Homes) 2009
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. (S08/01991)
KRISTINA KENEALLY, MP
Minister for Planning
| Published LW 24 April 2009 | Page 1 |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group |
| Clause 1 | Homes) 2009 |
State Environmental Planning Policy (Infrastructure)
Amendment (Group Homes) 2009
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Infrastructure)
Amendment (Group Homes) 2009.
2 Aims of Policy
The aims of this Policy are as follows:
| (a) | to allow development for the purposes of a group home to be carried out on certain land: | |||
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| (b) | to make certain development exempt development if it is carried out within the boundaries of an existing group home by or on behalf of a public authority, | |||
| (c) | to make development for the purposes of a group home complying development if the development satisfies certain requirements, | |||
| (d) | to provide that a consent authority must not, in circumstances where a group home is permissible with development consent: | |||
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| (e) | to update references to publications that must be taken into consideration by a consent authority in determining an application for development for the purposes of a group home. |
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 | Clause 3 |
3 Land to which Policy applies
This Policy applies to the State.
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
[1] Clause 32 Determination of development applications
Omit clause 32 (2) (b) and (c). Insert instead:
| (b) | Schools Facilities Standards—Design Standard (Version 1/09/2006), |
| (c) | Schools Facilities Standards—Specification Standard (Version 01/11/2008). |
[2] Clause 32 (5)
Insert after clause 32 (4):
(5) If a development application has been made before the commencement of the amendment to this clause by State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009, and the application has not been finally determined before that commencement, the application must be determined as if that amendment had not been made.
[3] Part 3 Development controls
Omit Subdivision 2 of Division 11. Insert instead:
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In this Subdivision:
group home means a permanent group home or a transitional
group home.
prescribed zone means:
| (a) | any of the following land use zones or a land use zone that is equivalent to any of those zones: | |||||||||
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| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| (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. |
60 Development in prescribed zones
Development for the purpose of a 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. |
61 Exempt development—existing group homes
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| (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). |
| (2) | For the purposes of this clause, the development standards set out in Schedule 1 with respect to carports associated with an existing building are taken to be modified as follows: | |||||
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62 Complying development—group homes
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| (a) | clause 1.19 (2) (c) of that Policy is taken not to include a reference to a draft heritage conservation area, |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| (b) | the definition of excluded land identified by an environmental planning instrument in clause 1.19 of that Policy is taken not to include a difficult site, |
| (c) | a reference to a flood control lot is taken to mean a lot to which flood related development controls apply in respect of development for the purposes of dwelling houses, dual occupancies, multi dwelling housing, residential flat buildings, group homes or seniors housing. |
| (2) | The development standards for complying development under this clause are set out in Schedule 1A. |
| (3) | A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree, or other vegetation, under 4 metres in height if the complying development cannot be carried out without the removal of the tree or other vegetation. |
| (4) | A complying development certificate for development that is complying development under this clause is subject to the conditions specified in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 except that the reference in clause 3.44 (1) of that Policy to a dwelling house is taken to be a reference to a group home. |
| 62A | Determination of development applications | |
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| (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. |
| (2) | 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. |
63 Suspension of covenants, agreements and instruments
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| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
of that development does not apply to the extent necessary to
serve that purpose.
| (2) | This clause does not apply: | |||||||||||
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| (3) | This clause does not affect the rights or interests of any public authority under any registered instrument. | |||||||||||
| (4) | Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
[4] Schedule 1A
Insert after Schedule 1:
Schedule 1A Complying development—group
homes
(Clause 62 (2))
1 Definitions
In this Schedule:
ancillary development means any of the following that are not
exempt development under this Policy:
| (a) | an access ramp, |
| (b) | an awning, blind or canopy, |
| (c) | a balcony, deck, patio, pergola, terrace or verandah that is attached to a group home, |
| (d) | a carport that is attached to a group home, |
| (e) | a driveway, pathway or paving, |
| (f) | a fence or screen, |
| (g) | a garage that is attached to a group home, |
| (h) | an outbuilding, |
(i) a rainwater tank that is attached to a group home,
| (j) | a retaining wall, |
| (k) | a swimming pool or spa pool and child-resistant barrier. |
articulation zone means an area within a site within which building elements are or may be located, that consists of that part of the setback area from a primary road that is measured horizontally for a distance of 1.5 metres from:
| (a) | the foremost edge of the building line, or |
| (b) | a gable or roof parapet having a surface area of more than 10 square metres. |
battle-axe lot means a lot that has access to a road by an access
laneway.
building line means the line of the existing or proposed building
wall (other than a wall of any building element within an
articulation zone), or the outside face of any existing or proposed
ancillary development, closest to the relevant boundary of the
site.
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
classified road has the same meaning as it has in Division 17 of
Part 3.
habitable room has the same meaning as in the Building Code of
Australia.
Note. 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.
outbuilding means any of the following that are detached from a
group home:
| (a) | a balcony, deck, patio, pergola, terrace or verandah, |
| (b) | a cabana, cubby house, fernery, shed, gazebo or greenhouse, |
| (c) | a carport or garage, |
| (d) | a rainwater tank (above ground), |
| (e) | a shade structure. |
parallel road means, in the case of a site that has boundaries with
parallel roads, the road that is not the primary road.
primary road means the road to which the front of a group home,
or a main building, on a site faces or is proposed to face.
secondary road means, in the case of a corner site that has
boundaries with adjacent roads, the road that is not the primary
road.
setback means the horizontal distance between the relevant
boundary of the site and the building line.
setback area means the area between the building line and the
relevant boundary of the site.
2 Site requirements
Development may only be carried out on a site that:
| (a) | has an area of at least 450 square metres (excluding the area of the access laneway if it is a battle-axe lot), and |
| (b) | has a boundary with, or lawful access to, a public road, and |
| (c) | if it is not a battle-axe lot, has a boundary with a primary road of at least 12 metres, and |
| (d) | if it is a battle-axe lot, has an access laneway of at least 3 metres in width, and |
| (e) | has at least one area on the site that measures at least 12 metres by 12 metres (excluding the access laneway if it is a battle-axe lot). |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
3 Maximum site coverage of all development
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| (a) | an access ramp, |
| (b) | any part of an awning, blind or canopy that is outside the outer wall of a building, |
| (c) | a balcony, deck, patio, pergola, terrace or verandah attached to the group home that is not enclosed by a wall higher than 1.4 metres above the floor level, |
| (d) | an eave, |
| (e) | a driveway, |
| (f) | a fence or screen, |
| (g) | a pathway or paving, |
| (h) | a rainwater tank that is attached to the group home, |
(i) a swimming pool or spa pool.
4 Building height
Any building used for the purposes of a group home must not have a height of more than 8.5 metres above ground level (existing).
5 Setbacks from roads other than classified roads
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| (a) | the average distance of the setbacks of the nearest 2 group homes or dwelling houses having a boundary with the same primary road and located within 40 metres of the site on which the group home is erected, or |
| (b) | in any case where 2 group homes or dwelling houses are not located within 40 metres of the site—4.5 metres. |
| (2) | A group home and all ancillary development on a site must have a setback from the boundary with a secondary road that is not a classified road of at least 2 metres. |
| (3) | A group home and all ancillary development on a site must have a setback from a boundary with a parallel road that is not a classified road of at least: |
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| (a) | the average distance of the setbacks of the nearest 2 group homes or dwelling houses having a boundary with the same parallel road and located within 40 metres of the site on which the group home is erected, or |
| (b) | in any case where 2 group homes or dwelling houses are not located within 40 metres of the site—4.5 metres. |
6 Setbacks from classified roads
A group home and all ancillary development on a site must have a setback from a boundary with a classified road of at least:
| (a) | if another environmental planning instrument applying to the land establishes a setback for a group home or dwelling house having a boundary with a classified road—that distance, or |
| (b) | 9 metres in any other case. |
7 Doors and windows facing roads
A new 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 a primary road, and |
| (b) | a door and a window to a habitable room in a building wall that faces a parallel road. |
8 Articulation zones
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zone:
| (a) | an entry feature or portico, |
| (b) | a balcony, deck, patio, pergola, terrace or verandah, |
| (c) | a window box, |
| (d) | a bay window or similar feature, |
| (e) | an awning or other feature over a window, |
| (f) | a sun shading feature. |
| (3) | A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the group home. |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
(4) The maximum 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 per cent of the area of the articulation zone, measured through the horizontal plane of the building elements.
9 Side and rear boundary setbacks
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| (a) | in relation to a group home with a building height of up to 3.8 metres—0.9 metres, |
| (b) | in relation to a group home with a building height greater than 3.8 metres—0.9 metres plus 0.25 per cent of the additional building height above 3.8 metres. |
| (2) | A group home and all ancillary development on a site must have a setback from the rear boundary of at least the following: | |||
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| (3) | Despite subclauses (1) and (2), a group home on a site that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary. |
10 Calculating setbacks
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| (a) | any part of an existing garage or carport that is located between the building line of the group home and a boundary with the primary road, |
| (b) | any existing building element of a group home that is located within the articulation zone. |
| (2) | For the purpose of calculating the setbacks of the nearest 2 group homes or dwelling houses, those group homes or dwelling houses must be on the same side of the road as the site. |
| (3) | For the purpose of calculating the setbacks of a group home, any building element that is permitted in the articulation zone is not included. |
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| (4) | For the purpose of calculating a side or rear setback, the maximum building height of a group home on a sloping site is to be used. | |||||||||
| (5) | A setback is to be calculated at the closest point to the boundary from the building line. | |||||||||
| (6) | For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following: | |||||||||
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11 Exceptions to side and rear setbacks
Despite any other clause in this Schedule:
| (a) | a group home or any attached ancillary outbuilding must have a setback of at least 3 metres from a boundary with a public reserve, and |
| (b) | side and rear boundary setbacks do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia. |
Note. The allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia include fascias, gutters, downpipes, rainwater tanks, eaves with non-combustible roof cladding and lining, flues, chimneys, pipes, domestic fuel tanks, cooling or heating appliances or other services, light fittings, electricity or gas meters, aerials, antennae, pergolas, sun blinds, unroofed terraces, landings, steps and ramps.
12 Building separation
The distance between buildings that are used for the purposes of group homes on a site must be at least 1.8 metres.
13 Privacy
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| (a) | it is a window in a habitable room, other than a bedroom, that has a floor level of more than 1 metre above ground level (existing), and |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| (b) | the wall in which the window is located has a setback of less than 3 metres from a side or rear boundary, and |
| (c) | the window has a sill height of less than 1.5 metres. |
| (2) | A balcony, deck, patio, pergola, terrace or verandah must have a privacy screen if it: | |||||||
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| (3) | A detached balcony, deck, patio, pergola, terrace or verandah must not have a floor level that is more than 0.6 metres above ground level (existing). | |||||||
| (4) | In this clause, privacy screen means a screen that: | |||||||
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14 Landscaped area
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15 Principal private open space
A site on which a group home is erected must have at least
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. |
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
16 Requirement to provide car parking
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17 Garage, carport and parking spaces
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| (a) | be not more than 6 metres, and |
| (b) | be not more than 50 per cent of the width of the building, measured at the building line to the relevant property boundary. |
| (3) | An open hard stand car parking space must measure at least 2.6 metres wide by 5.4 metres long. |
18 Vehicle access
The design and construction of the vehicular access to a site must comply with Australian Standard AS 2890.1–1993, Parking facilities—Off-street car parking.
19 Excavation of sloping sites
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| (a) | be not more than 1 metre below ground level (existing), and |
| (b) | be constructed using a retaining wall or unprotected embankment that does not extend more than 1 metre horizontally beyond the external wall of the group home or ancillary development. |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| (2) | Excavation associated with the erection of, or alterations or additions to, a swimming pool must be not more than the depth required for the pool structure. |
20 Fill of sloping sites
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| (a) | be not more than 1 metre above ground level (existing), and |
| (b) | be contained wholly within the external walls of the group home or ancillary development. |
| (2) | Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the group home or ancillary development has a setback of more than 2 metres from a side or rear boundary, if: | |||||
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21 Drainage
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| (a) | a street drainage system under the control of the relevant public authority, or |
| (b) | an inter-allotment drainage system, or |
| (c) | an on-site disposal system approved under section 68 of the Local Government Act 1993, if the site is unsewered. |
| (2) | All surface water run-off emanating from a sloping site as a result of the erection of, or alterations or additions to, a group home or ancillary development must be collected and conveyed to a drainage system listed in subclause (1). |
22 Demolition or removal of buildings
(1) An existing group home, dwelling house or ancillary development that is to be demolished or relocated must:
| State Environmental Planning Policy (Infrastructure) Amendment (Group | 2009 No 137 |
| Homes) 2009 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| (a) | be disconnected from any essential service in accordance with the requirements of the relevant authority, and |
| (b) | not be relocated, except in accordance with the approval of the relevant authority. |
| (2) | Demolition or removal must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent. |
23 Swimming pools
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| (a) | behind the setback from any road boundary, or |
| (b) | in the rear yard area. |
| (2) | The swimming pool water line must have a setback of at least 1 metre from a side or rear boundary. | |||
| (3) | Decking around a swimming pool must not be more than 0.6 metres above ground level (existing). | |||
| (4) | Coping around a swimming pool must not be more than: | |||
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| (5) | Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the site is not connected to a sewer main. | |||
| Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992. |
24 Fences
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| (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 |
| 2009 No 137 | State Environmental Planning Policy (Infrastructure) Amendment (Group Homes) 2009 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| (b) | in any other case—1.8 metres above ground level (existing) if the fence is behind the front building line and 1.2 metres above ground level (existing) if the fence is on or forward of that line. |
| (3) | A fence must not include masonry construction to a height of more than 0.9 metres above ground level (existing). |
25 Access ramps
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