State Environmental Planning Policy (Housing) 2021

Seniors housing—relevant authorities ch 3, pt 5, div 8, hdg: Am 2022 (349), Sch 1[33]; 2023 (664), Sch 1[58]. ch 3, pt 5, div 8: Ins 2022 (99), Sch 1[14]. 108AA s 108AA: Ins 2022 (349), Sch 1[34]. Rep 2023 (664), Sch 1[59]. 108A Development to which Division applies This Division applies to development for the purposes of seniors housing involving the erection of a building on land— (a) on which development for the purposes of seniors housing is permitted with consent under another environmental planning instrument, or (b) in a prescribed zone or an equivalent land use zone. s 108A: Ins 2022 (99), Sch 1[14]. 108B Seniors housing permitted without development consent (1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if— (a) the relevant authority has considered the applicable development standards specified in sections 84(2)(c)(iii), 85, 88, 89 and 108, and (b) the development will not result in a building with a height of more than— (i) 9.5m, or (ii) if the roof of the building contains servicing equipment resulting in the building having a height of more than 9.5m and the servicing equipment complies with section 84(2)(c)(ii)—11.5m, and (c) the seniors housing will not contain more than 40 dwellings on the site. (2) State Environmental Planning Policy (Transport and Infrastructure) 2021 , sections 2.15 and 2.17 apply to the development and, in the application of the clauses— (a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and (b) a reference in the sections to a public authority is taken to be a reference to the relevant authority. s 108B: Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[35]–[38]; 2025 (684), Sch 3[5]. 108C Notification before carrying out development (1) Before carrying out development to which this division applies, the relevant authority must do the following— (a) request that the council nominate persons who must, in the council’s opinion, be notified of the development, (b) give written notice of the intention to carry out the development to— (i) the council, and (ii) any persons nominated by the council under paragraph (a), and (iii) the occupiers of adjoining land, (c) take into account the responses to the notice that are received within 21 days after the notice is given. (2) In this section, a reference to the council is a reference to the council for the land on which the development is proposed to be carried out. s 108C: Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[39] [40]; 2023 (120), Sch 4[3]. Subst 2023 (664), Sch 1[60]. 108CA Landcom must notify Secretary of Department of Communities and Justice Before carrying out development to which this division applies, Landcom must— (a) give written notice of the intention to carry out the development to the Secretary of the Department of Communities and Justice, including the measures proposed to ensure the seniors housing will be— (i) used for affordable housing, and (ii) managed by a registered community housing provider, and (b) take into account the responses to the notice that are received within 21 days after the notice is given. s 108CA: Ins 2023 (664), Sch 1[60]. 108CB Considerations before carrying out development (1) Before carrying out development to which this division applies, the relevant authority must consider— (a) the Seniors Housing Design Guide , published by the Department in December 2023, and (b) the design principles for seniors housing set out in Schedule 8. (2) Before carrying out development to which this division applies, the Aboriginal Housing Office must consider the AHO Design Guidelines NSW , published by the Aboriginal Housing Office in January 2020. (3) Before carrying out development to which this division applies, the Land and Housing Corporation must consider— (a) Good Design for Social Housing , published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and (b) the NSW Land and Housing Corporation Design Requirements , published by the Land and Housing Corporation in February 2023. (4) Before carrying out development to which this division applies, Landcom must consider the Landcom Affordable Housing Design Guideline , published by Landcom, in partnership with the Government Architect NSW, in November 2023. s 108CB: Ins 2023 (664), Sch 1[60]. 108D Exempt development Development for the purposes of landscaping and gardening is exempt development if it is carried out by or on behalf of a relevant authority in relation to seniors housing. s 108D: Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[41]. 108E Subdivision of seniors housing not permitted Development consent must not be granted for the subdivision of seniors housing. s 108E: Ins 2022 (99), Sch 1[14].