State Environmental Planning Policy (Housing) 2021

Development consent must not be granted for development for the purposes of co-living housing unless the consent authority is satisfied that—

each private room has a floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, that is not more than 25m² and not less than—

for a private room intended to be used by a single occupant—12m², or

otherwise—16m², and

the minimum lot size for the co-living housing is not less than—

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

for development on other land—800m², and

(Repealed)

for development on land in Zone R2 Low Density Residential or an equivalent land use zone, the co-living housing—

will not contain more than 12 private rooms, and

will be in an accessible area, and

the co-living housing will contain an appropriate workspace for the manager, either within the communal living area or in a separate space, and

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

adequate bathroom, laundry and kitchen facilities will be available within the co-living housing for the use of each occupant, and

each private room will be used by no more than 2 occupants, and

the co-living housing will include adequate bicycle and motorcycle parking spaces.

Development consent must not be granted for development for the purposes of co-living housing unless the consent authority considers whether—

the front, side and rear setbacks for the co-living housing 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, or

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

if the co-living housing has at least 3 storeys—the building will comply with the minimum building separation distances specified in the Apartment Design Guide, and

at least 3 hours of direct solar access will be provided between 9am and 3pm at mid-winter in at least 1 communal living area, and

(Repealed)

the design of the building 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.

Subsection (1) does not apply to development for the purposes of minor alterations or additions to existing co-living housing.

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).