State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 9) (2003-526) [GG No 123 of 4.8.2003, p 7613] (NSW)

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2003 No 526

New South Wales

State Environmental Planning Policy

No 5—Housing for Older People or

People with a Disability (Amendment

No 9)

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 Infrastructure and Planning.

CRAIG KNOWLES, M.P.,

Minister for Infrastructure and Planning

Published in Gazette No 123 of 4 August 2003, page 7613

Page 1

2003 No 526

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

Clause 1

People with a Disability (Amendment No 9)

State Environmental Planning Policy No 5—Housing for

Older People or People with a Disability (Amendment

No 9)

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 9).

2      Aims of Policy

This Policy aims to allow development applications to be made under State Environmental Planning Policy No 5—Housing for Older People or People with a Disability with respect to:

(a)

the North Sydney area—only if the development is proposed to be carried out by the Department of Housing or a local government or community housing provider, or

(b)

the Strathfield area—only if the development is proposed to be carried out by the Department of Housing or a local government or community housing provider, or is for the purposes of a residential care facility.

3      Land to which Policy applies

This Policy applies to land within the North Sydney area and

Strathfield area.

4 Amendment of State Environmental Planning Policy No 5—Housing for Older People or People with a Disability

The State Environmental Planning Policy No 5—Housing for Older People or People with a Disability is amended as set out in Schedule 1.

Page 2

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

2003 No 526

People with a Disability (Amendment No 9)

Amendments

Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 4 Where this Policy applies

Insert at the end of the note to clause 4:

In the North Sydney area, an application to carry out development allowed by Part 2 can be made only in the circumstances set out in clause 33.

In the Strathfield area, an application to carry out development allowed by Part 2 can be made only in the circumstances set out in clause 34.

[2]      Clause 33

Insert after clause 32:

33

Development in North Sydney

(1)

An application to carry out development allowed by Part 2 on

land within the North Sydney area may be made only:

(a)

byoronbehalfoftheDirector-Generalofthe Department of Housing, or

(b)

by or on behalf of a local government or community housing provider.

(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.

34      Development in Strathfield

(1)

An application to carry out development allowed by Part 2 on

land within the Strathfield area may be made only:

(a)

byoronbehalfoftheDirector-Generalofthe Department of Housing, or

(b)

by or on behalf of a local government or community housing provider, or

(c)

for the purpose of a residential care facility.

(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 3

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