State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 4) (2002-848) [GG No 220 of 15.11.2002, p 9690] (NSW)

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2002 No 848

State Environmental Planning Policy

New South Wales

No 5—Housing for Older People or

People with a Disability (Amendment

No 4)

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-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.

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 220 of 15 November 2002, page 9690

Page 1

[4]

2002 No 848

Clause 1

State Environmental Planning Policy No 5—Housing for Older People or

People with a Disability (Amendment No 4)

State Environmental Planning Policy No 5—Housing

for Older People or People with a Disability

(Amendment No 4)

1     Name of this Policy

This Policy is State Environmental Planning PolicyNo 5—Housing for

Older People or People with a Disability (Amendment No 4).

2     Principal Policy

In this Policy, State Environmental Planning Policy No 5—Housing for Older People or People with a Disability is referred to as the Principal Policy.

3     Aims, objectives etc

This Policy aims to specify the development that may be carried out under the Principal Policy in the City of Blue Mountains.

4     Land to which this Policy applies

This Policy applies to land within the City of Blue Mountains.

5     Amendment of Principal Policy

The Principal Policy is amended as set out in Schedule 1.

Page 2

2002 No 848

State Environmental Planning Policy No 5—Housing for Older People or

People with a Disability (Amendment No 4)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 5)

[1]     Clause 4 Where this Policy applies

Insert at the end of the note to clause 4:

In the City of Blue Mountains, an application to carry out development allowed by Part 2 can be made only in the circumstances set out in clause 29.

[2]     Clause 29

Insert after clause 28:

29     Development in Blue Mountains

(1)

An application to carry out development allowed by Part 2 on

land within the City of Blue Mountains may be made only:

(a)

by or on behalf of:

(i)

the Director-General of the Department of Housing, or

(ii)

a local government or community housing provider, or

(b)

in relation to land shown as being within an accessible housing area on the maps exhibited under section 66 of the Act with the draft Blue Mountains Local Environmental Plan 2002, or

(c)

in relation to a zone in which, if the draft Blue Mountains Local Environmental Plan 2002, as exhibited, were to be made, development of land for the purpose of a dwelling house would be permitted with or without development consent, for the purpose of:

(i)

a residential care facility, or

(ii)

a hostel, or

(iii)

aself-sustaineddevelopmentwithinthe meaning of the draft Blue Mountains Local Environmental Plan 2002.

Page 3

2002 No 848

State Environmental Planning Policy No 5—Housing for Older People or

People with a Disability (Amendment No 4)

Schedule 1

Amendments

(2)

This clause does not apply to or in respect of the determination of a development application made, but not finally determined, before the commencement of this clause.

BY AUTHORITY

Page 4

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