State Environmental Planning Policy (Housing) 2021

Development consent must not be granted under this Division unless the consent authority is satisfied that—

no boarding room will have a gross floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of more than 25m², and

no boarding room will be occupied by more than 2 adult residents, and

adequate bathroom, kitchen and laundry facilities will be available within the boarding house for the use of each resident, and

for a boarding house on land in Zone R2 Low Density Residential or an equivalent land use zone—the boarding house will not have more than 12 boarding rooms, and

for a boarding house on land in a business zone—no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use, and

for a boarding house containing at least 6 boarding rooms—the boarding house will have at least 1 communal living area, and

the minimum lot size for the boarding house is not less than—

for development on land in Zone R2 Low Density Residential—600m², or

for development on other land—800m².

(Repealed)

each boarding room has a floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of at least the following—

for a boarding room intended to be used by a single resident—12m²,

otherwise—16m², and

the boarding house will include adequate bicycle and motorcycle parking spaces.

Development consent must not be granted under this Division unless the consent authority considers whether—

the design of the boarding house will be compatible with—

the desirable elements of the character of the local area, or

for precincts undergoing transition—the desired future character of the precinct, and

the front, side and rear setbacks for the boarding house are not less than—

for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum setback requirements for multi dwelling housing under a relevant planning instrument,

for development on land in Zone R4 High Density Residential—the minimum setback requirements for residential flat buildings under a relevant planning instrument,

if the boarding house has at least 3 storeys—the building will comply with the minimum building separation distances specified in the Apartment Design Guide.

(Repealed)

This section does not apply to development for the purposes of minor alterations or additions to an existing boarding house.

In this section, a storey does not include a storey used for car parking that is below ground level (existing), or less than 1.2m above ground level (existing).