New South Wales Repealed Regulations

This legislation has been repealed.

STATE ENVIRONMENTAL PLANNING POLICY NO 5--HOUSING FOR OLDER PEOPLE OR PEOPLE WITH A DISABILITY - REG 12

12 Matters for consideration

(1) Location, facilities and support services The consent authority must not consent to a development application made pursuant to this Part unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have access that complies with subclause (2) to:

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

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

(2) Access complies with this subclause if:

(a) the facilities and services referred to in subclause (1) are located at a distance of not more than 400 metres from the site of the proposed development, or

(b) there is a transport service available to the residents who will occupy the proposed development:

(i) that is located at a distance of not more than 400 metres from the site of the proposed development, and

(ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the relevant facilities or services, and

(iii) that is available both to and from the proposed development during daylight hours at least once per day from Monday to Friday (both days inclusive).

(2A) The consent authority must not consent to a development application made pursuant to this Part to carry out development on land that adjoins land zoned primarily for urban purposes unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have reasonable access to:

(a) home delivered meals, and

(b) personal care and home nursing, and

(c) assistance with housework.

(2B) The consent authority must not consent to a development application made pursuant to this Part to carry out development on land identified on a bush fire prone land map certified under section 146 of the Act as "Bush fire prone land--vegetation category 2" or "Bush fire prone land--vegetation buffer" unless the consent authority is satisfied that the development complies with the requirements of the document titled Planning for Bushfire Protection , ISBN 0 9585987 8 9, published by Planning & Environment Services, NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2001.

(2C) The consent authority, in determining a development application made pursuant to this Part to carry out development on land in the vicinity of land identified on a bush fire prone land map certified under section 146 of the Act as "Bush fire prone land--vegetation category 1", "Bush fire prone land--vegetation category 2" or "Bush fire prone land--vegetation buffer", must take into consideration the general location of the proposed development, the means of access to and egress from the general location and other relevant matters, including the following:

(a) the size of the existing population within the locality,

(b) age groups within that population and the number of persons within those age groups,

(c) the number of hospitals and other facilities providing care to the residents of the facilities within the locality, and the number of beds within those hospitals and facilities,

(d) the number of schools within the locality and the number of students at those schools,

(e) existing development within the locality that has been carried out under this Policy,

(f) the road network within the locality and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the locality in the event of a bush fire,

(g) the adequacy of access to and from the site of the proposed development for emergency response vehicles,

(h) the nature, extent and adequacy of bush fire emergency procedures that are able to be applied to the proposed development and its site,

(i) the requirements of New South Wales Fire Brigades.

(2D) In exercising its functions under subclause (2C), the consent authority must consult with the NSW Rural Fire Service and have regard to its comments.

(3) Availability of facilities and services The consent authority must be satisfied that any facility or service provided as a part of the development will be available to residents when the housing is ready for occupation. In the case of a staged development, the facilities or services may be provided proportionately according to the number of residents in each stage.

(4) Water and sewer

(a) The consent authority must not consent to a development application made pursuant to this Part unless the consent authority is satisfied, by written evidence, that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.

(b) Where the water and sewerage services referred to in subclause (4) (a) will be provided by a person other than the consent authority, the consent authority must consider the suitability of the site with regard to the availability of reticulated water and sewerage infrastructure. In locations where reticulated services cannot be made available, the consent authority must satisfy all relevant regulators that the provision of water and sewerage infrastructure, including environmental and operational considerations, are satisfactory for the proposed development.

Note: Information and assessment guidelines provide assistance to councils in assessing location and provision of services.