State Environmental Planning Policy (Housing) 2021

The following development is complying development—

development for the purposes of a group home if the development—

does not result in more than 10 bedrooms on a site, and

satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clauses 1.18(1)(h), 1.19(1)(b) and 1.19(5), and

is not in a draft heritage conservation area, and

meets the development standards set out in Schedule 2, or

the change of use of a lawfully constructed class 1a building within the meaning of the Building Code of Australia to a group home if the development—

does not involve any alterations or additions to a building, and

does not result in more than 10 bedrooms on a site, and

satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clauses 1.18(1)(c3) and 1.18(1)(h), or

the change of use of a lawfully constructed class 1a building to a group home if the development—

does not result in more than 10 bedrooms on a site, and

satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clause 1.18(1)(h), and

meets the development standards set out in Schedule 2, or

the change of use of a building being lawfully used as residential accommodation, other than a building used as rural worker’s dwellings, to a group home if the development—

is carried out by or on behalf of a relevant authority, and

satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clause 1.18(1)(h), and

does not involve the erection of a new building or an increase in the footprint of the building, and

does not involve any alteration or additions to the building other than the following—

alterations and additions carried out under the Codes SEPP, Part 4,

alterations and additions carried out under the Codes SEPP, Part 8.

The Codes SEPP, clause 1.17A(1)(d) does not apply to development carried out under subsection (1)(b).

The Codes SEPP, sections 4.2(a), 4.4(1)(a), 4.4B(1)(a) and 8.3(f)(i) do not apply to alterations or additions to a building associated with development carried out under subsection (1)(d).

The Codes SEPP, section 1.17A(1)(d) does not apply to development carried out under subsection (1)(d) unless the development involves alterations or additions specified in subsection (1)(d).

A complying development certificate is taken to satisfy a requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree or other vegetation if the tree or other vegetation—

would prevent the complying development from being carried out, and

is not required to be retained under a condition of a development consent applying to the land, and

is not listed on a register of significant trees kept by the council, and

will be within 3m of any building that has an area of more than 25m², and

has a height less than—

for development under subsection (1)(a)—8m, or

for development under subsection (1)(b), (1)(c) or (1)(d)—6m.

A complying development certificate for complying development under this section is subject to the conditions specified in the Codes SEPP, Schedule 6, and, in the application of the Schedule, a reference in the Schedule, clauses 6 and 11 to a dwelling house is taken to be a reference to a group home.