Other material change of use for community residence
6A Other material change of use for community residence
A material change of use of premises for a community residence, if—
the premises are included in a prescribed zone under a local categorising instrument; and
the premises have no more than 7 bedrooms, including any bedroom used by a support worker; and
either—
no relevant overlay applies to the premises; or
a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and
each building on the premises has a building height of not more than 2 storeys; and
no more than 7 support workers attend the residence in a 24-hour period; and
at least 2 car parks are provided on the premises for use by residents and visitors; and
at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and
at least 1 car park is provided on the premises for use by support workers; and
for a community residence that is a class 2 or 3 building—
the site cover of the development is not more than 70% of the site; and
the building has a setback of at least—
6m from the front boundary of the premises; and
4m from the rear boundary of the premises; and
1.5m from each side boundary of the premises.
In this section, a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.
In this section—
building height, of a building, means the number of storeys in the building above ground level.
outermost projection, of a building, means the outermost part of the building, other than a part that is—
a retractable blind; or
a fixed screen; or
a rainwater fitting; or
an ornamental attachment.
prescribed zone means—
any of the following zones stated in schedule 2—
general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;
centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;
community facilities zone; or
a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone mentioned in paragraph (a).
setback, for a building, means the shortest distance, measured horizontally, between the outermost projection of the building to the vertical projection of the boundary of the lot where the building is.
site, of development, means the land that the development is to be carried out on.
Examples—
1 If the development is to be carried out on part of a lot, the site of development is that part of the lot.
2 If development is to be carried out on part of 1 lot and part of an adjoining lot, the site of the development is both of those parts.
site cover, of development, means the portion of the site, expressed as a percentage, that will be covered by a building, measured to its outermost projection, after the development is carried out, other than a building, or part of a building, that is—
in a landscaped or open space area, including, for example, a gazebo or shade structure; or
a basement that is completely below ground level and used for car parking; or
the eaves of a building; or
a sun shade.
sch 6 s 6A prev sch 6 s 6A ins 2017 SL No. 222 s 3 (3)
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