New South Wales Consolidated Regulations

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 - REG 11AA

11AA Multiple dwellings for seniors and people with a disability

(1) This clause applies to development carried out on land within Zone No 2 for the purposes of multiple dwellings for occupation by seniors or people with a disability ( "seniors housing").

(2) The minimum allotment size for the erection of seniors housing is 1,500 square metres, and the allotment must have a width of at least 15 metres.

(3) The maximum number of dwellings permissible in development under this clause is to be calculated on the basis of:

(a) if situated in a foreshore scenic protection area-one dwelling for every 435 square metres of site area, or

(b) in any other case-one dwelling for every 275 square metres of site area.

(4) Before granting consent to development for the purposes of seniors housing, the council must be satisfied, by written evidence, that there is reasonable access between the proposed development and the following services and facilities:

(a) shops, banks and other retail and commercial services that residents may reasonably require,

(b) community services and recreation facilities,

(c) the premises of a general medical practitioner’s practice.

(5) For the purposes of subclause (4), there is reasonable access between the proposed development and any such service or facility if:

(a) the facility or service is less than 400 metres’ walking distance from the site of the proposed development, or

(b) a bus, train or other transport service will be available to take prospective residents of the proposed development to and from the place where the facility or service is situated, being a transport service:

(i) that picks up and sets down passengers at a location within 400 metres’ walking distance of the site of the proposed development, and

(ii) that picks up and sets down passengers at a location within 400 metres’ walking distance of the facility or service, and

(iii) that is available to take passengers to and from the place where the facility or service is situated during daylight hours at least once a day from Monday to Friday (both days inclusive).

(6) Development for the purposes of seniors housing may be carried out for the accommodation of the following only:

(a) seniors or people with a disability,

(b) people who live within the same household as seniors or people with a disability,

(c) staff employed to assist in the administration or provision of services to people living in seniors housing.

(7) The council must not consent to development for the purposes of seniors housing unless the consent is made subject to a condition to the effect that the only people who may occupy the seniors housing are people of the kind referred to in subclause (6).

(8) In this clause:
"people with a disability" means people of any age who, as a result of an intellectual, physical, psychiatric or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full or active life.
"seniors" means people aged 55 years or more.