New South Wales Consolidated Regulations
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STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 - REG 4
(1) In this Policy:
"accessible area" means land that is within:
(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.
"battle-axe lot" means a lot that has access to a road by an access laneway.
"boarding room" means a room or suite of rooms within a boarding house
occupied or so constructed or adapted as to be capable of being occupied by
one or more lodgers.
(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.
Note : As a result of paragraph (a) of the
"consent" , development that this Policy provides may be carried out without
development consent may also be carried out without any other consent,
licence, permission, approval or authorisation that would otherwise be
required by another environmental planning instrument (such as an approval to
remove a tree that is subject to a tree preservation order).
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
"development for the purposes of a secondary dwelling" --see clause 19.
"existing maximum floor space ratio" means the maximum floor space ratio
permitted on the land under an environmental planning instrument or
development control plan applying to the relevant land, other than this Policy
or State Environmental Planning Policy No 1--Development Standards .
"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.
"interim heritage order" has the same meaning as in the Heritage Act 1977 .
"Land and Housing Corporation" means the New South Wales Land and Housing
Corporation constituted by the Housing Act 2001 .
"National Rental Affordability Scheme" has the same meaning as in the
National Rental Affordability Scheme Act 2008 of the Commonwealth.
"registered community housing provider" has the same meaning as in the
Housing Act 2001 .
"site area" or
"site" means the area of any land on which development is, or is to be,
carried out. The land may include the whole or part of one lot, or more than
one lot if they are contiguous to each other, but does not include the area of
any land on which development is not permitted to be carried out under this
"social housing provider" means any of the following:
(a) the Department of
(b) the Land and Housing Corporation,
(c) a registered
community housing provider,
(d) the Aboriginal Housing Office,
registered Aboriginal housing organisation within the meaning of the
Aboriginal Housing Act 1998 ,
(f) a local government authority that provides
(g) a not-for-profit organisation that is a direct
provider of rental housing to tenants.
"standard instrument" means the standard instrument set out at the end of the
Standard Instrument (Local Environmental Plans) Order 2006 .
"State Heritage Register" means the State Heritage Register under the
Heritage Act 1977 .
"supportive accommodation" means the use of an existing building (being a
residential flat building or boarding house) for the purposes of:
(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
(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
"Sydney region" means the region having that name declared under section 4 (6)
of the Act.
The Sydney region means land within the following Local Government
Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Blue Mountains,
Botany, Burwood, Canada Bay, Camden, Campbelltown, Canterbury, Fairfield,
Gosford, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah,
Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman,
North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde,
Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby, Wollondilly,
Woollahra and Wyong.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"walking distance" means the shortest distance between 2 points measured along
a route that may be safely walked by a pedestrian using, as far as reasonably
practicable, public footpaths and pedestrian crossings.
Note : The Act and the
Interpretation Act 1987 contain definitions and other provisions that affect
the interpretation and application of this Policy.
(2) 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.
(3) Notes and
examples included in this Policy do not form part of this Policy.
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