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AshfieldAshfieldAshfieldAshfield Municipal Council Boarding Houses Part C18

AshfieldAshfieldAshfieldAshfield Development Control Plan 2007 Part C18

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PART C18

BOARDING HOUSES

Ashfield Municipal Council PO Box 1145 Ashfield NSW 1800 Tel. (02) 9716 1800 Fax. (02) 9716 1911 E-mail [email protected].



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Ashfield Development Control Plan 2007 PART C18

BOARDING HOUSES

CONTENTS Page No.

SECTION 1 - PRELIMINARY Introduction 3 Definitions 3 Structure of this Part 3 General Objectives 4 How to use the Ashfield DCP 2007 4 Relationship of Part C18 to other planning instruments 5 Lodging a development application 6 SECTION 2 - PLANNING AND DESIGN GUIDELINES 7 Location Criteria for New Boarding Houses 7 Site Planning 7 Building Form and Appearance 8 Sustainability, Energy Efficiency & Solar Access 9 Room Sizes, Recreation Areas & Facilities 10

• Sleeping Rooms

• Kitchen Areas

• Indoor Communal Living Areas

• Laundries, Bathrooms and Drying Facilities Outdoor recreational areas and facilities 15 Acoustic Impacts 16 Access for People with Disabilities 17 Car Parking 18 Operational Plan of Management/On-site Management & Registration 18 Operational Plan of Management 19 On-site Management & Registration 20 Waste 20 Fire Safety 21 Additional safety measures: 22

APPENDIX 1 - GENERAL INFORMATION, LEGISLATIVE FRAMEWORK 23 & DEVELOPMENT ASSESSMENT

State Environmental Planning Policy No 10 Approval Authorities Building Classifications under the Building Code of Australia Onsite Management and Strata Subdivision Steps in the Approval Process Incentives for the Retention of Boarding Houses Boarding House Financial Assistance Program - Dept. of Housing Exemption from Land Tax Residential Property Rating

Boarding House Calculator

APPENDIX 2 - DA Checklist for Boarding Houses 30 APPENDIX 3 - SEPP 10 Process Flow Chart 32



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SECTION 1 PRELIMINARY

Introduction

The Ashfield Local Environmental Plan is Council's main planning control for development in the Ashfield Municipality. Part C18 of Ashfield Development Control Plan 2007 supports the LEP by providing additional objectives and development standards for boarding houses. Part C18 of Ashfield Development Control Plan 2007 applies to all land in the Ashfield Municipality. It applies to all new boarding house development, existing buildings to be adapted or converted to a boarding house, expansion of existing boarding houses, or when major refurbishment and upgrades are proposed. Definitions

a. Ashfield LEP: "boarding-house" includes a house let in lodgings or a hostel but does not include a motel.

b. State Environmental Planning Policy No. 10: boarding-house means a building:

(a) that is wholly or partly let in lodgings, and (b) that provides lodgers with a principal place of residence for 3 months or more, and (c) that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and (d) that has rooms with one or more lodgers,

and includes a hotel (not being premises to which a hotelier’s licence under the Liquor Act 1982 relates).

Structure of this Part Part C18 of Ashfield DCP 2007 is divided as follows;

Section 1 – Preliminary – (this section)

Section 2 - Planning and Design Guidelines (page 6)

This outlines the planning and design requirements for initially establishing a Boarding House, or otherwise undertaking modifications or upgrade works. It incorporates requirements for all stages of the planning and design process from initial site analysis investigations, building design, external areas, through to management and operation practices. It is important to review this Section and read Appendix 1 of this Part (see below) in order to fully understand all the expectations and requirements necessary to appropriately prepare your development proposal.

The Appendices to this Part are included to assist you with the development application process.

They include the following:



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* Appendix 1 - General Information, Legislative Framework and Development Assessment (page 22)

Provides information as to what authorities may be involved in a Boarding House Application. It contains details regarding the regulatory process for approval and operation of a Boarding House, including the development application and State Environmental Planning Policy No.10 – Retention of Low-Cost Rental Accommodation (SEPP 10) process. It also contains information on the existing financial incentives available for Boarding House operators, at both State and Local Government level.

* Appendix 2 - Definitions and Development Application Checklist for Boarding Houses. (page 29) Provides information about the definition of a boarding house and a checklist that will help you complete your application.

* Appendix 3: SEPP 10 Application Process - Flow-Chart (page 31 - see also Section 2 below).

This shows the process for dealing with an application if SEPP 10 is applicable.

General Objectives

a. Encourage the increased provision of high quality Boarding Houses within Ashfield

Municipality;

b. Ensure an acceptable level of amenity and accommodation in Boarding House premises such that they meet the needs of both residents and have no adverse impacts on adjoining properties;

c. Provide a comprehensive set of appropriate guidelines and requirements that contain the

necessary information for persons wishing to establish or modify a Boarding House;

d. Ensure the appropriate level of fire safety within all Boarding Houses and that acceptable levels of service provision are maintained;

Note: Boarding Houses referred to in this Part include both Class 1b and Class 3 Boarding Houses (refer to Section 2).



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How to use the Ashfield DCP 2007 Ashfield Development Control Plan 2007 is a multi-layered document and it is important to read all relevant parts of this DCP in addition to this Part. Figure 1 outlines the structure of the DCP. The objectives and development standards of this Part of Ashfield Development Control Plan 2007 cannot be read in isolation. A development application must consider all relevant Parts of the DCP. Part A contains an index of the parts and sections in the Ashfield Development Control Plan 2007 and guidelines on how to use the DCP; including the steps you need to follow before you prepare your development application.

Relationship of Part C18 to other planning instruments Council will assess a development application according to: (a) Section 79C of the Environmental Planning and

Assessment Act, 1979; (b) State Environmental Planning Policies (SEPP’s)

including SEPP No. 10 (see Section 2 below); (c) Regional Environmental Plans; (d) Ashfield Local Environmental Plan, (e) Ashfield Development Control Plan 2007; (f) Section 94 Contribution Plans; (g) Ashfield Stormwater Management Code; (h) Policies, legislation or studies adopted or recognised by

Council that may be relevant to the development application including the –

(i) • Local Government Act 1993; • Local Government (Orders) Regulation 1999; • Public Health Act 1991; • Public Health (General Regulation) 2002; • Australian and New Zealand Food Standards Code; • Protection of Environment Operations Act 1997; • The Building Code of Australia; and • The Disability Discrimination Act 1992.

It should be noted that under the Youth and Community Services Act 1973 No 90, premises at which there are 2 or more handicapped persons residing are required to be licensed.

Part A - Preliminary Contains an index of the parts and sections in this DCP, and defines where this DCP applies.

Part B – Site Analysis Examines issues associated with site

analysis and design.

Part C – Development Contains objectives and development standards for development in the Ashfield Municipality.

Part D – Environmental Management Contains objectives and development standards to protect and enhance the environment in the Ashfield Municipality.

Figure 1: Structure of this DCP



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Lodging a Development Application Our development application forms can be downloaded (www.ashfield.nsw.gov.au) or contact Council on 9716 1800.The form contains a self-assessment checklist to help you complete your application. Refer to Section 2 and Appendix 2 of this Part for the information you need to lodge with your boarding house development application to supplement our standard requirements. Notes:

� Exempt and complying development does not apply to a boarding house development to which SEPP 10 applies.

� State Environmental Planning Policy No 4—Development Without Consent, does not apply to a boarding house to which SEPP 10 applies.

� If you are proposing a major or complex development, or if your proposal is likely to have significant heritage impacts, you should make an appointment to see our pre-lodgement development advisory panel or our heritage advisory service before you lodge your development application. Call our Customer Service Centre on 9716 1800.

Part C18 of Ashfield DCP 2007 aims to ensure planning and design of new proposals or additions to Boarding Houses complement Council’s general planning provisions relating to built form issues and impacts on the environment. This will ensure that operation and management of Boarding Houses have minimum adverse impact on adjacent land uses and the public domain. If you are unclear as to whether the proposal is subject to the requirements of this Part of Ashfield DCP 2007, please contact Council’s Customer Service Centre on 9716 1800.



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SECTION 2 - PLANNING AND DESIGN GUIDELINES

Location Criteria for New Boarding Houses 2.1 Boarding houses are currently permitted with consent of Council in the following zones in Ashfield.

• 2 (c) Residential Flat Zone

• 3(a) General Business zone

• 3(b) Special Business zone Generally, tenants living in Boarding Houses have limited access to private open space, or internal amenities and rely on public transport. As such, the location of Boarding Houses and the external environment surrounding them is important. The choice of an appropriate location for any new proposal represents an important step in achieving improved standards of amenity for Boarding House occupants.

objectives

a. Encourage the provision of Boarding Houses within close proximity to public transport nodes in accordance with Council’s sustainability principles and for ease of access for Boarding House occupants;

b. Encourage the location of Boarding Houses within areas where there is appropriate access

to services and facilities for employment, entertainment and recreation. control Locate boarding houses-within appropriately zoned medium density residential or business areas where there is good access to public transport, employment, services and recreation opportunities.

Site Planning

2.2 Good site planning is required for all new development, and is particularly useful for Boarding Houses to avoid negative impacts on the amenity of adjoining neighbours and ensure a sympathetic relationship with adjoining development, which is important to their long-term success. A Site Analysis is required to establish the site context and should be reflected in the design, addressing the constraints and opportunities of the site and its context. Refer to Part B of Ashfield DCP 2007 for Site Analysis requirements.

objective

Enable improved residential amenity for future occupants through careful building layout and design.

control

The site analysis is to be submitted with the application and is to examine and define the development context of the site and its surrounds, in terms of both its local and broader context.



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Building Form and appearance

2.3 The overall built form and appearance of a Boarding House will be determined to a large extent by the immediate context of the site and the desired future character of the area.

objectives

a. developments, including alterations and additions are to maintain consistency with the

character of the locality and design objectives contained in the relevant Parts of Ashfield Development Control Plan 2007; and

c. must not adversely impact on adjoining properties through loss of privacy, overshadowing noise and view loss.

controls

a. Boarding Houses must comply with development standards/heritage provisions of the Ashfield Local Environmental Plan (LEP) and the relevant applicable Parts of Ashfield Development Control Plan 2007 that regulate development permitted in the area where the boarding house will be located. The aim is to integrate buildings successfully within the existing streetscape in terms of their built form and environmental impact. If the property is affected by heritage controls read Parts C7 and C10 of Ashfield Development Control Plan (DCP) 2007and the heritage provisions of the Ashfield Local Environmental Plan (LEP) including specific LEP provisions relating to the Haberfield Conservation area.

i) Example 1 - 2(c) residential zone

Requirements for Boarding Houses in the Residential 2(c) Zone are specifically referenced in Section 13 of Part C5 of Ashfield DCP 2007.The controls in that Part relating to building height and setback, general appearance, effect on adjoining properties, open space, waste disposal and so on also for flats also apply to boarding houses. Refer also as necessary to other relevant Parts of Ashfield DCP 2007 – e.g. Part C1 dealing with Accessibility and Adaptability, Parts C7 and C10 relating to Heritage Conservation (if the property is affected by heritage controls) and Part C11 dealing with Parking. The Ashfield Local Environmental Plan (LEP) is also applicable - it specifies key heritage provisions applicable to all of Ashfield Municipality and a maximum floor space ratio of 0.75:1 for boarding houses in a Residential 2(c) zone.

ii) Example 2 - Commercial zones

For properties in commercial zones refer to the relevant Parts of Ashfield DCP 2007 including the Parts applicable to the Ashfield Town Centre, Summer Hill, Parking, Accessibility and Heritage Conservation (if the property is affected by heritage controls. The Ashfield Local Environmental Plan (LEP) is also applicable - it specifies key heritage provisions applicable to all of Ashfield Municipality and maximum floor space ratios for commercial zones.

Note: If a property is affected by heritage provisions, these prevail over the requirements of this or other Parts of Ashfield DCP 2007 to the extent of any inconsistency. Refer to the Ashfield LEP and Parts C7 and C10 of Ashfield DCP 2007 for more information.



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b. In situations where compliance with some controls may be difficult or impractical such as in the case of conversion of an existing building or where a boarding house is to be located in a commercial area, justification will need to be provided with the development application in terms of how the proposal meets the relevant objectives of this Part of Ashfield DCP 2007.

c. Any variation to floor space ratio controls in the Ashfield LEP will need to be justified in

terms of State Environmental Planning Policy No.1. This provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary – please visit: www.planning.nsw.gov.au/planningsystem/sepp1.asp

Sustainability, Energy Efficiency & Solar Access

2.4 Proposals for new boarding houses under 300m2 in area require a BASIX Certificate. The Building Sustainability Index (BASIX) is an interactive web-based assessment tool to promote sustainable residential designs throughout NSW. Developers, architects and other design professionals use the tool to ensure that new developments meet the NSW Government's water and energy efficiency targets.

Boarding houses greater than 300m2 in area must be designed to respond to the following sustainable development practices to maximise natural airflow and minimise reliance on mechanical heating and cooling. Refer also to Part D2 of Ashfield DCP 2007

objective

Any new building or substantial additions to boarding houses exceeding 300m2 in area should encompass sustainable development design to maximise natural airflow, and to minimise reliance on mechanical heating and cooling. The design should reflect the site analysis drawings having regard to optimal orientation for both indoor and outdoor areas, particularly communal areas

controls

Building design is to consider the following -

� Use of materials and insulation which assist with natural heating and cooling;

� Location of windows and doors to assist with cross-flow ventilation;

� Installation of larger windows for maximisation of natural light in north/north-eastern elevations;

� Use of shade devices and landscaping on the western elevations;

� Use of building materials with thermal mass that allows control of rapid heat transfer;

� Installation of rainwater tanks;

� use of plantation timber for new buildings and structures;

� recycling of household waste;

� establish gardens to grow produce � location of buildings so that solar access to at least 50% of private/communal open

space areas and principal living area windows is achieved for at least and no less than 3 hours between 9am and 3pm during the winter solstice (21 June).



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� avoiding overshadowing of an adjoining property where existing solar access to living

areas and landscaped outdoor space to that property is less than two hours between 9am and 3pm during the winter solstice

Room Sizes, Indoor Recreation Areas & Facilities

2.5 The requirements outlined below encourage the design of buildings that are above basic minimum standards. The aim is to improve standards of residential amenity for Boarding House occupants but retain economic viability for owners. Class 1b Boarding Houses are by definition, smaller buildings with a maximum permitted number of persons (12 or less) and gross floor area not exceeding 300m2.

The emphasis is on provision of shared facilities in a “rooming-house” context to defray accommodation costs rather than providing fully self-contained accommodation. The focus for larger boarding houses is for a greater range of shared facilities.

objective

Achieve good standards of accommodation appropriate to the establishment of new purpose built boarding houses, conversion or adaptation of existing buildings to a boarding house, expansion of existing boarding houses, and major refurbishment or upgrades of existing boarding houses.

controls

a. Class 1b and Class3 Boarding Houses as defined by the Building Code of Australia should make provision for the following facilities within each building –

• bedrooms (containing sufficient storage area for each occupant);

• communal and/or individual laundry facilities;

• communal combined kitchen/dining room and/or individual kitchenettes in rooms:

• shared bathroom and toilet facilities - required for all boarding houses);

• communal lounge area - - required for all boarding houses)

• garbage storage and recycling facilities

• communal and individual lockable storage facilities;

• continuous shared hot water supply

• garbage storage & recycling facilities.

Boarding Houses are to be designed such that the main entry point(s) are at the front of the site, setback from side boundary areas and recessed where an adjoining property’s privacy may be compromised. The aim is to minimise noise transmission to nearby properties.

b. In order to ensure that adequate space is available for room furnishings and private space, the following minimum room requirements (Table 1 below) should be complied with for all new boarding houses or to new boarding house additions. Some variation to controls may be permitted where conversion of existing buildings is proposed.

Note: Dormitory style accommodation is not permitted.

Table 1 Follows



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(i) sleeping rooms-

Minimum bedroom size or for separate Manager/Operator sleeping accommodation and design/security

Min. 14 sqm plus additional 5.5sqm for each additional person after that.

Rooms must be lockable.

Maximum number of people per bedroom

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Where the following facilities are provided within the sleeping room, additional floor space shall be provided as outlined below.

ensuite bathroom

2.9 m2 with hand basin, wc and shower

ensuite and laundry

4.0 m2 with washing machine and wash tub

(b) Storage Space and Furnishings requirements for sleeping rooms

Secure storage facilities

Minimum capacity of 1 cubic metre per person. Where more than 1 person is accommodated in the room, the storage space must be lockable.



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Minimum Room Furnishings

(a) Bed (including base, a waterproof mattress with a minimum dimension of 800mm * 1900mm and a mattress protector)

(b) Wardrobe

(c) Mirror

(d) Table & Chair

(e) A night light or other approved illumination device for each bed

(f) Waste container

(g) A deadlatch on the door

(h) Curtains, blinds or similar privacy device

(i) Phone line

All room furnishings shall be recorded in the Plan of Management.

Natural Light Access to light is to be provided by way of window with a minimum aggregate floor area of the room of 10%

Ceiling heights Must conform with Part F of the BCA. In sleeping rooms providing shared accommodation the ceiling height is to be at least to 2700mm for rooms with double bunks. Triple bunks are not permitted.

Fire Safety in Class 3 buildings

Each sleeping room must be considered as a sole occupancy unit for the purposes of Parts C, D1, D2 and F5 of the BCA so as to ensure adequate fire safety in the building, and adequate sound insulation to provide reasonable amenity between sleeping rooms.

ii) kitchen and dining areas

Class 1b & Class 3

Shared Kitchen /Dining Facilities

Required unless kitchenette facilities are provided within individual rooms for all residents. Shared combined kitchen/dining facility - Min.22 m2 - Min. width 3.m. plus additional 1m2 for each additional person (combined kitchen/dining layout is the preferred option). Kitchenettes in individual rooms must include -

(a) A sink with running hot and cold water;

(b) Stove top cooker and microwave

(c) A refrigerator and freezer

(d) lockable storage cupboard for dry goods

(e) Bench top space (f) Exhaust ventilation;

Provide a plan showing how residents will use the kitchen /dining room facilities supporting proposed room sizes. Dimensions shall take into account BCA egress issues and access for people with a disability. For larger boarding houses more space may be needed. Provide a plan showing how residents will use the kitchen and dining room facilities supporting proposed room sizes.



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Class 1b and 3 – Shared Kitchen - Fit- out

The following must be provided as a minimum:

(a) One sink for every 6 people with running hot and cold water;

(b) One stove top cooker and microwave per 12 people;

(c) A refrigerator with storage space of 0.13m3 per person unless bar fridges are provided in each bedroom;

(d) A freezer with storage space of 0.05m3 per person unless provided in each bedroom;

(e) Storage for dry goods of 0.30m3 per person;

(f) Exhaust ventilation;

(g)A lockable drawer or cupboard for food storage for each boarder in the kitchen area.

(h) The kitchen shall contain sufficient cutlery, crockery and cooking utensils for the number of residents.

Food Standards (all applications)

Food preparation areas shall be constructed and provided in accordance with the relevant sections of the Australian/New Zealand Food Standards Code - refer also to Australian Standards AS 4674 – “Design Construction and Fit out of Food Premises” www.standards.com.au/PDFTemp/Previews/OSH/as/as4000/4600/4674.pdf The structural fittings and fixtures for all internal rooms shall be selected to enhance non-chemical pest management of the premises with all cracks and crevices being sealed and insect screening provided to all openings.

iii) laundries, bathrooms and drying facilities

A shared laundry should be equipped with the following as a minimum:

Shared Laundry Facility Requirements

Note: Shared (separate) facilities are required unless separate laundry facilities are provided within rooms for all residents.

a. One 8.5 kg capacity automatic washing machine and one domestic dryer for every 12 residents

b. At least one large laundry tub with running hot and cold water; and

c. 30 metres of clothesline for every 12 residents in an outdoor area (can be retractable). Outdoor drying areas should not encroach on the outdoor communal living spaces.

d. Laundry facilities provided at ground level must be accessible for people with a disability and comply with Universal Accessible Design Criteria (refer to Part C1 of Ashfield DCP 2007).

Note: Laundries provided at ground floor level within individual rooms must meet Universal Accessible Design Criteria unless there is a shared laundry on the same level which meets this requirement



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Location of Laundry Facilities & drying areas

Outside drying areas shall be located on the north-eastern side of the communal courtyard area to enable maximum solar access.

Internal drying and laundry facilities shall be located in a safe and accessible location for all residents.

Energy Rating

All laundry appliances must be nominated on the plans and details of the energy star rating of appliances/WELS water efficiency rating must be submitted with the construction certificate. A minimum of 3 .5 stars energy rating and 4 star water efficiency rating as relevant must be achieved unless otherwise stipulated by BASIX or any other required rating tool.

Shared Bathroom

& toilet facilities Class 1(b) – up to 12 residents

Class 3 (over 12 residents)

A shared Bathroom at ground floor level is mandatory for all boarding houses. They must be lockable, comply with the minimum requirements of the BCA and be located in a convenient location for occupants. Bathroom and toilet facilities provided at ground level must be accessible for people with a disability - refer to AS 1428.1. The minimum requirement is: 1 bath or shower and washbasin with hot and cold running water for each 6 occupants or part thereof and separate independently accessible toilet facilities.

Where some rooms may be provided with ensuites, shared facilities must comply with the minimum facility requirements for the total occupancy of the premises.

Where receptacles are provided for the disposal of sanitary napkins, these are to be serviced and able to be cleaned on a regular basis.

iv) indoor communal living area requirements

Boarding Houses traditionally provide accommodation for occupants who are unrelated, or who are effectively strangers. Whilst building design and layout should encourage resident interaction, it is also important to maintain privacy for residents. Layout should also consider the impact of Boarding Houses on adjoining properties, where both noise disturbance and visual intrusion should be minimised.

Indoor Communal Areas

Class 1b Boarding Houses are required to provide a common living area a minimum of 12m2 in area - Min. width is 3.5m. Provision of a communal lounge area is required for all Boarding Houses irrespective of the number of residents.

Larger Class 3 Boarding Houses (more than 12 residents) will need to provide a common living area minimum 15m2 in area, with a further 15m2provided for each additional 12 persons thereafter. Min. width is 3.5m. Communal lounge areas should contain reading material and a television/radio.



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Location of Indoor Communal Areas

Communal living areas should be located on the ground floor near commonly used spaces, such as kitchen, laundry, lobby entry area, manager’s office etc, or adjacent to the communal outdoor open space.

Communal living areas should have a northerly aspect and should be located where they will have a minimal impact on adjoining properties in terms of noise generation. The use of double glazed windows or acoustic barriers can assist.

Internal doors to communal living areas should contain glass to enable surveillance from circulation areas.

Calculation of Indoor Communal Living Areas

The floor area of bedrooms, bathrooms, laundries, reception area, storage, kitchens, car parking, loading docks, driveways, clothes drying areas, corridors and the like are not counted when determining the area of internal communal living area.

Outdoor recreational areas and facilities

2.6 Boarding House residents often only occupy one room as their own space and as such access to both private and communal outdoor area is an important element of building design.

objectives

The design of outdoor spaces should enhance the experience and living environment for all residents and is to be of adequate dimensions to fulfil basic recreational needs.

controls

a. Outdoor Space Requirements

35m² minimum area with a minimum dimension of 3.0 metres at any point, to include a principal private area with a minimum dimension of 4.0 metres at any point. Where communal open space cannot be provided at the above rate (as may be the case of an existing building conversion), justification must be provided with the development application in terms of how the proposal meets the relative objectives and controls.

b. Outdoor Space Location

The area should be north facing where it can receive a minimum 2 hours solar access to at least 50% of the area during 9am and 3pm during the winter solstice. For Class 1b Boarding Houses, greater emphasis is placed on private room areas, with as many rooms as possible oriented towards the north or east.

Communal open space areas should be connected to communal indoor spaces, such as kitchens or living areas. Communal facilities such as BBQs, seating and pergolas are also encouraged.



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c.Private Outdoor Space Provision

30% of all bedrooms within Class 3 Boarding Houses should preferably have some access to private open space in the form of a balcony or ground level terrace area not less than 4sqm in area.

Two (2) bedrooms within a Class 1b Boarding House should preferably have direct access to private open space, in the form of a balcony, roof terrace or ground level courtyard area, comprising not less than 4sqm in area.

d. Privacy Requirements -Outdoor Areas

Planting should be used to screen communal outdoor areas or private balconies from adjoining properties or the public way, with trellis, screens with climbing vines or the like used to complement deciduous tree planting.

The operation and control of the outdoor area should also be addressed in the Operational Plan of Management to ensure that adjoining properties are protected from excessive noise.

Acoustic Impacts

2.7 One of the main concerns that adjoining residents have when a new boarding house is proposed is the impact of noise on their existing amenity. objective The objective is to minimise noise intrusion to adjacent properties, particularly residential properties.

controls

(a) design to minimise noise -

(i) locate windows in respect to the location of windows in neighbouring properties;

(ii) position communal outdoor/indoor areas or other rooms where noise may be

generated away from main living area or bedroom windows of any adjoining dwelling;

(iii) use screen fencing or planting as a noise buffer for external noise sources or in terms of transferral of noise from communal areas to surrounding land uses;

(iv) use acoustic barriers as a noise buffer to external noise sources from surrounding land

uses and/or passive design considerations within the building to minimise noise intrusion;

(v) install double glazing or use glass blocks (for light penetration – (not suitable where

natural ventilation is also required);

(vi) locate similar building uses (such as bedrooms or bathrooms) back to back internally within the building, to minimise internal noise transmission.



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(vii) locate air conditioners so that noise transmission to habitable rooms of adjoining dwellings is minimised.

(b) an acoustic report is required for Class 3 Boarding Houses (see below)

For Class 3 Boarding Houses an Acoustic Report prepared by a suitably qualified acoustical consultant needs to be submitted with the development application, describing and assessing the impact of likely noise emissions from the proposal. The investigation shall include but not be limited to the following:

• quantification of the existing acoustic environment at the receiver locations (measurement techniques and assessment period should be fully justified and in accordance with relevant Australian Standards and NSW EPA requirements);

• identification of sensitive noise receivers potentially impacted by the proposal;

• formulation of suitable assessment criteria;

• details of any acoustic control measures that will be incorporated into the proposal;

• identification of noise that is likely to emanate from the Boarding House and the subsequent

prediction of resultant noise at the identified sensitive receiver locations from the operation of the premises;

• a statement certifying that the development is capable of operating without causing a

nuisance;

• a statement that noise arising from within the premises shall not result in an ‘offensive noise’ (as defined in the Protection of the Environment Operations Act, 1997) at any adjoining residential premises.

Access for People with Disabilities

2.8 Access for people with disabilities is particularly important in relation to boarding houses as a proportion of residents are likely to be disadvantaged.

objective

To ensure the ground level of all new Boarding Houses and building conversions, plus associated spaces (including communal open space, parking areas and the like) at ground level are accessible for all people within the community.

controls

a. the ground level of all new Boarding Houses and building conversions/additions, plus associated spaces (including communal open space, parking areas and the like) at ground level shall comply with the following Universal Accessible Design criteria. This is so a person with a disability can travel easily from the street/parking area to ground floor rooms and spaces Refer to Table1 for exceptions/variations to the these requirements where shared accessible facilities are provided at ground level.

Universal Accessible Design means a design that is usable by all people (especially people with disability and frail older people) by meeting the seven performance criteria of



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universal housing design, as adopted by the Australian Network for Universal Housing Design (hhtp://www.anuhd.org), which are: 1. There is a clearly discernible accessible path of travel from the front boundary or car

park and throughout the entry level of the dwelling. 2. The entry level has a living and food preparation area, bathroom, WC (toilet) and

bedroom, all of which can be used by a person in a wheelchair. 3. All rooms, when furnished or fitted out, allow for adequate circulation space for a

person using a wheelchair. 4. All doorways and corridors are wide enough to allow a person using a wheelchair

to manoeuvre into and out of rooms. 5. Door furniture, switches, controls and outlets are within reach of and can be used

by all.

Car Parking

2.9 Given the demographic profile of the average Boarding House resident and the semi-permanent nature of their occupation, car ownership and usage is relatively low. This factor, combined with the historic location of Boarding Houses in inner city areas means the requirements for provision of on-site car parking are generally low. Notwithstanding this, any proposals for new Boarding Houses should ensure adequate provision is made for both residents and staff to minimise off-site impacts. Refer to Part C11 for parking requirements relating to boarding houses including design requirements.

objectives and controls

Provide and design bicycle and vehicle and parking to comply with the provisions of Part C11 of Ashfield DCP 2007. Note that no additional parking is required in the Ashfield Town Centre for development that involves existing gross floor area or comprises a change of use of existing gross floor area. This applies irrespective of the type of use proposed.

Operational Plan of Management / On-site Management and Registration

2.10 An essential aspect of minimising potential impacts of Boarding Houses is ensuring that they are managed properly.

objective

Ensure that suitable management practices are in place to minimise impacts on adjoining owners and ensure that a suitable amenity is maintained for residents living within the Boarding House.

Note: The basic off-street vehicle parking requirement at the time of adoption of this Part was 1 space per staff member. Bicycle parking is at the rate of 1 space per 4 rooms.



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controls

(a) Operational Plan of Management

An Operational Plan of Management is to be submitted with each development application for a boarding house (including new and existing boarding houses) to ensure that the proposed premises operate in a manner that maintains a high level of amenity. An appropriate form of on-site management with responsibility for the operation, administration, cleanliness and fire safety of the premises, including compliance with the Plan of Management and Emergency Management and Evacuation Plan, must be provided for the premises.

The Operational Plan of Management shall address the following as a minimum:

� Proposed management and supervision through a live-in on-site manager (see below)

� Maintenance and fire safety in the building;

� A schedule providing proof of compliance with the accommodation standards of this Part including the occupancy rate for each sleeping room, room furnishings, provisions of communal areas and facilities, and access and facilities for people with disabilities;

� Measures to ensure that guest numbers do not exceed those proposed should

development consent be granted;

� Measures to minimise unreasonable impact to the habitable areas of adjoining premises;

� Proposed staffing arrangements, including location and contact details of the site manager or resident caretaker;

� Prominent display of appropriate house rules e.g. access to rooms, keeping shared facilities clean and tidy, visitors, pets, quiet enjoyment guest behaviour, activities and noise, visitor policy, operating hours of outdoor common areas, use of alcohol and/or drugs. These displayed rules must be compulsory and are the minimum standard required of all occupants. Alcohol and drug policies for the boarding house must be clearly displayed ;

� Waste minimisation and recycling;

� Professional cleaning details and vermin control (as a minimum, shared facilities such as kitchens and bathrooms shall be cleaned/disinfected to a professional standard at least once a week.)

� Provision of safety and security measures for all residents - this must include but not be limited to such things as: internal signage indicating the live-in on-site manager or and contact number, emergency contact numbers for essential services such as fire, ambulance, police, and utilities such as gas, electricity, plumbing, installation of perimeter lighting, appropriate fencing and secure gates, all residents to have own room keys, keys for security entrance doors be made available to essential services such as fire brigade in case of emergency and suitable provision be provided for residents to ring emergency services in the event of an emergency, i.e. provide access to a landline telephone. safety and security measures must be clearly stated in detail in the Operational Plan of Management;

� Guidelines for use of external communal open space or common areas for Class 3 boarding houses to minimise noise impacts to residential uses if adjacent;



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� Records of rent receipts issued to boarders;

� Complaints register available for inspection by Council;

� Fees for residency.

(b) On-site Management and Registration

• All boarding houses must be registered annually with Council. Properties located adjacent to the boarding house premise are to be provided with a 24 hour telephone number for the live-in on-site manager. a bedroom needs to be provided specifically for the live-in on-site manager;

• All new boarding houses are to have a live-in, on - site manager Details must be provided

to Council and the nominated person must be contactable 24 hours per day, 7 days a week. Any changes are to be notified to Council immediately;

• The on-site live-in manager may be one of the occupants or tenants who reside on the

premises;

• A clearly visible sign with the name and telephone number of the on-site, live - in manager must be displayed externally at the front entrance of the boarding house and internally in the common area;

• On-site, live-in managers must be over 18 years of age;

• The on-site, live-in manager must be responsible for the efficient operation, administration,

cleanliness and fire safety of the premises, including compliance with all aspects of the Operational Plan of Management annual registration annual Fire safety Certification as well as the Emergency Management and Evacuation Plan.

Waste 2.11 Class 3 Boarding Houses may make private contracting arrangements for garbage disposal or alternatively Council can collect waste. Class 1b Boarding Houses are subject to Council’s collection service, details of which can be obtained from Council’s Customer Service Centre.

objectives Ensure that appropriate waste and recycling facilities are provided which meet Council and Environmental Protection Authority (EPA) requirements

controls

Garbage and recycling facilities on the premises shall be provided in accordance with the requirements of Part D1 of Ashfield DCP 2007- Waste Minimisation, and the specific requirements of any other Part of this DCP applicable to the development.



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Fire Safety

2.12 Fire safety is particularly important for residents of buildings in multi-occupancy such as boarding houses (Class 1b or 3). The design of new buildings or additions and ongoing fire safety measures including emergency evacuation measures will need to comply with the relevant provisions of The Building Code of Australia and the Environmental Planning and Assessment Regulation 2000 relating to fire safety. objectives Ensure the safety of boarding house occupants in the event of fire. controls

a. A copy of the annual fire safety statement and current fire safety schedule for the premises must be prominently displayed in the boarding house entry/reception area.

b. A floor plan must be permanently fixed to the inside of the door of each sleeping room to indicate the available emergency egress routes from the respective sleeping room.

c. Prior to releasing an occupation certificate for the building, an Emergency Management and Evacuation Plan must be prepared for the building and approved by the Principal Certifying Authority. Staff shall be trained in relation to the operation of the approved Emergency Management and Evacuation Plan.

d. Premises providing shared accommodation must provide annual certification for the following:

� Essential fire safety measures to comply with the Environmental Planning and Assessment Regulation 2000

� Compliance with the Operational Plan of Management approved for the premises

� Maintenance registers required by this plan; and

� Compliance with Emergency Management and Evacuation Plans required by the Building Code of Australia.

� A floor plan must be permanently fixed to the inside of the door of each bedroom and that indicates the available emergency egress routes from the respective sleeping room.

Council requires new premises to comply with the provisions of the Building Code of Australia (BCA). Where a development application proposes alterations and additions or upgrade to an existing premises it will be expected that the whole of the building will be upgraded in respect of Fire Safety and will be assessed on its merits.

Note: If contaminated sharps (e.g. syringe needles) are generated, non-reusable sharps containers shall be provided in accordance with AS 4301, for safe disposal. Final disposal must be undertaken by Environmental Protection Authority (EPA within the Department of Environment and Conservation) licensed contaminated waste contractors.



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2.13 Additional safety measures: Additional safety and security measures for all residents may include but are not limited to such things as emergency contact numbers for essential services such as fire, ambulance, police, and utilities such as gas, electricity, plumbing, installation of perimeter lighting, appropriate fencing and secure gates and all residents to have own keys to rooms



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APPENDIX 1 - GENERAL INFORMATION, LEGISLATIVE FRAMEWORK AND DEVELOPMENT ASSESSMENT

1.1 The development application (DA) process may involve consideration of the requirements of State Environmental Planning Policy No. 10 – Retention of Low Cost Rental Accommodation (SEPP 10). SEPP 10 is a State Government initiative, administered by the Department of Planning (DOP) that provides a means to retain low cost rental accommodation.

A ‘low-rental residential building’ for the purposes of SEPP10 comprises a Boarding House that:

� at the time of lodgement of the development application is being lawfully used as a Boarding House (irrespective of whether this was the original purpose for which the building was erected or whether or not consent was ever granted), or

� operated previously as a Boarding House but has since been changed unlawfully to another use, or

� is vacant, but the last significant use was as a Boarding House.

Note: The Policy applies only to those buildings that are low-rental residential buildings as at 28 January 2000, and does not apply to any building that becomes a low-rental residential building after that date.

The SEPP 10 planning process requires Council to determine if SEPP 10 applies, and if so, refers the Development application (DA) to DOP for concurrence, DOP liaises with the applicant to secure sufficient information, undertakes the assessment and provides a Determination of concurrence with conditions or refusal. It then refers the DA back to Council for determination.

The concurrence of the Director General of DOP is required under SEPP 10 if the development proposal incorporates any of the following:

a. demolition of a Boarding House;

b. alterations or additions to the structure or fabric of the inside or outside of a Boarding House, or

c. changing the use of a Boarding House to another use , or

d. strata subdividing a Boarding House.

In determining a development application for any of the above, Ashfield Council and the Director-General will need to consider the following in accordance with the SEPP 10 guidelines:

e. whether the proposal will result in a major reduction in the number of households or

low-rental accommodation on the site);

f. whether there is available sufficient accommodation within the locality to satisfy the demand for such accommodation;

g. whether the development would cause adverse social and economic effects on the general community;

h. whether adequate arrangements have been made to assist residents of the building likely to be displaced to find alternative comparable accommodation within the area;

State Legislation - State Environmental Planning Policy No. 10 (SEPP 10 )



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i. whether the cumulative impact of the loss of boarding houses accommodation in the Ashfield Council area represents a significant reduction in the stock of Boarding Houses;

j. the structural soundness of the building, the extent to which it complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building an the compliance of the Boarding House with fire safety standards.

The Director-General of DOP will also take into consideration the financial viability of the continued use of the Boarding House, in accordance with certain guidelines (Refer SEPP 10 Guide) – please visit: http://www.planning.nsw.gov.au/settingthedirection/pdf/sepp10/sepp10gu.pdf

Dependent upon the nature and extent of the proposal, various information and documentation about the premises will be required to be submitted with the development application. DOP often requires additional information to address SEPP 10 Guidelines (in accordance with Clause 60 of the Environmental Planning and Assessment Regulation 2000). In such circumstances DOP will liaise directly with applicants. Reference should be made to the Development Application Checklist at Appendix 2 of this Part.

Approval Authorities

1.2 A development application needs to be lodged with Ashfield Council for a new a Boarding House or for the expansion or upgrade of an existing Boarding House

If SEPP 10 applies (see above) consultation with both levels of government is encouraged prior to and during the application process to ensure consistency and a quicker approval process. Note that the granting of concurrence from DOP under SEPP 10 does not necessarily mean Ashfield Council will issue an approval as Council always maintains the prerogative to refuse an application. If, however, DOP refuses to support the application and will not issue concurrence under SEPP 10, Council has no option but to refuse the DA. Useful contact details for Council and relevant State Government departments relating to Boarding House projects are listed below:

SEPP 10 Assistance

Department of Planning Housing Policy Section 23-33 Bridge Street GPO Box 39 Sydney NSW 2001 Tel: 02 92261118 www.planning.nsw.gov.au

Land Tax Exemptions

Office of State Revenue Revenue Advisory Services Lang Centre, cnr. Hunter & Marsden Streets, Parramatta Tel:(02) 9689 6200 DX456 Sydney www.osr.nsw.gov.au



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Financial Assistance/Fire Upgrading

The Boarding House Financial Assistance Program NSW Department of Housing Locked Bag 4001 Ashfield BC 1800 Tel: 8753 8000 www.housing.nsw.gov.au

General Information/Lodging a DA

Ashfield Council Customer Service Centre Administration Building 260 Liverpool Road Sydney NSW 2131 Tel: (02) 9716 1800 www.ashfield.nsw.gov.au

1.3 The Building Code of Australia (BCA) is legislation relevant to the planning and design of

Boarding Houses. It contains the technical provisions for the design and construction requirements,

including fire safety, access and structural stability. Whilst a number of relevant design and

construction standards are contained within this Part of Ashfield DCP 2007, reference should

always be made to the BCA and the relevant Australian Standards (AS) to ensure compliance where

necessary.

Applicants considering establishing a Boarding House either within an existing building, or by way of erection of a new building, should consult Council town planning and building staff and a private professional consultant to clearly determine requirements. DAs proposing the establishment of a boarding house do not require determination under SEPP 10.

The BCA classifies buildings according to the purpose for which they have been designed, constructed or to be used. To this extent Boarding Houses fall under two separate classifications under the BCA, namely;

Class 1b – a boarding house, guest house, hostel or the like with a total floor area not exceeding 300m2 and in which not more than 12 persons would ordinarily be resident, which is not located above or below another dwelling or another Class of building other than a private garage. Class 3 – a residential building, other than a building of Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including a boarding house, guest house…etc This distinction in classification between Boarding Houses is important in understanding the design and safety implications and requirements under the BCA, as the provisions vary for each Class of building.

Class 3 Boarding Houses are subject to more stringent fire safety requirements, which has led to State Government initiatives such as The Boarding House Financial Assistance Program.

Part C18 of Ashfield DCP 2007 addresses the different design and planning requirements for Class 1b and Class 3 Boarding Houses, in recognition that they both serve a slightly different function within the community, and also a slightly different role. The design criteria included within this Part of Ashfield DCP 2007 make reference to the requirements for each type of classification.

Building Classifications under the Building Code of Australia



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1.4 Boarding Houses generally consist of several individual bedrooms and common facilities such as bathrooms, kitchens, laundries and recreational areas. As such they require on-site management to ensure that the common facilities are maintained to the necessary health and amenity standards.

As a Boarding House is required to be maintained and operated in a single entity, strata subdivision of Boarding Houses is not appropriate.

1.5 The following steps outline the approval process. Step 1: Locate a suitable site – refer Section 2 of this Part.

Step 2: Confirm the zoning/land use permissibility of the site.

Step 3: Find out if SEPP 10 applies to the proposal (see above). The policy operates in certain circumstances when an owner or developer of a low rental residential building such as a boarding house wishes to alter or add to, strata subdivide or change the use of or demolish the building. When Council receives such a request, it must consider a number of matters set out in the policy. If the proposal is for a new boarding house or if the boarding house was established after 28 January 2000, SEPP 10 does not apply.

If SEPP 10 applies, liaise with Council officers and representatives of DOP (Department of

Planning) to ascertain the necessary requirements for submission with any development application. Reference should be made to the SEPP 10 Guide - please visit - www.planning.nsw.gov.au/settingthedirection/pdf/sepp10/infosheet.pdf

Step 4. When plans are in draft form arrange a pre-lodgement meeting with Council officers to confirm that the application when lodged will be complete and that the relevant issues have been addressed (refer also to Appendix 2 for checklist of requirements to be included with a boarding house application in addition to Council’s standard requirements).

Step 5: Lodge the Development Application and associated plans/documentation for preliminary checking/assessment.

Step 6: Council will confirm application is in order and following formal receipt and payment of fees Council officers will refer the application to relevant internal departments and external authorities. If SEPP 10 is applicable, the application will be referred to DOP.

Step 8: The application will be publicly notified in accordance with Part C12 of Ashfield DCP 2007 Any submissions received will be considered by the assessing officer during assessment of the application.

Step 9: DOP respond by way of the granting or refusing concurrence to the application if SEPP 10 applies.

Onsite Management and Strata Subdivision

Steps in the Approval Process



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Step10: Ashfield Council determines the Development Application having regard to DOP’s response if applicable, the quality of the application and public submissions (either refusal of consent or approval subject to conditions - including any conditions required by DOP if SEPP10 applies).

Incentives for the Retention of Boarding Houses

1.6 Both the State Government and Ashfield Council recognise the vital role that privately owned and operated Boarding Houses play in the provision of low-income rental accommodation. There are current financial assistance schemes to assist Boarding House owners and operators with fire upgrade requirements. The following data outlines the existing assistance schemes for the benefit of Boarding House owners and operators applying at the time of commencement of this Part of Ashfield DCP 2007. Boarding House Financial Assistance Programme - Department of Housing

1.7 This program is administered by the NSW Department of Housing and is a scheme that enables the provision of grants for owners and operators of Boarding Houses to undertake essential fire safety upgrade works. To be eligible for a grant, an applicant must satisfy the following (2007 figures quoted):

a. The proposed fire safety work must be required and approved by Council.

b. The proposed work must fall under one of the following categories -

i. work proposed will cost in excess of $500 per room for a Class 1b Boarding House, or

ii. work proposed will cost in excess of $1500 per room in the case of a Class 3

Boarding House, or

iii. extending an existing Boarding House to create additional bedrooms, or

iv. construction of a new Boarding House or v. boarding houses licensed under the Youth and Community Services

Act that house two or more people with disabilities. c. Compliance with the following criteria.

• The Boarding House has a residential rating with Council

• the fire safety upgrade works have been undertaken after 1 January 2002,

• the Boarding House provides permanent long term accommodation (at least 80% of

bedrooms must be occupied by a long-term resident as a person residing in the boarding house for a period of 3 months or more),

A flow chart of the process involving those applications affected by SEPP 10 is included as Appendix 3.



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• the Boarding House provides low-cost accommodation In most cases there is a grant limit of

$50,000 per Boarding House unless exceptional circumstances apply. The NSW Department of Housing administer the programme and can be contacted for further information.

Exemption from Land Tax for Boarding Houses Providing Accommodation for Low Income Earners 1.8 The Land Tax Management Act was amended in 1989 to provide for an exemption from land tax for boarding houses providing accommodation for low-income earners. This exemption applies to boarding houses (including rooming houses serviced rooms and flatettes and furnished or unfurnished rooms with or without resident managers) but not to premises where a hotelier's licence under the Liquor Act 1982 is in force; it applies only if the boarding house complies with current guidelines approved by the NSW Treasurer. The exemption must be applied for each tax year and supporting evidence furnished, otherwise land tax will be automatically levied. In order to qualify for the exemption, boarding house must satisfy the following conditions:

a. The land must have been used and occupied primarily as a boarding house for the 3 months immediately preceding the commencement of the tax year (i.e. 1 January) and intended to be so used for the whole of the tax year;

b. At least 80 per cent of the room days should be occupied by tenants for long-term

accommodation. "Long term accommodation" is to be defined as a room being occupied by the same person for 3 consecutives months or for any periods totalling four months during the year.

For at least 80 per cent of the rooms available in the boarding house, the maximum tariff must be no more than the following:

c. for full board and lodgings -

75 per cent of the single aged pension for single accommodation; or 75 per cent of the married aged pension for family or shared accommodation.

d. in any other case - 50 per cent of the single aged pension for single accommodation; or 50 per cent of the married aged pension for family or shared accommodation.

e. accurate records of the length of stay of tenants and tariffs paid have to be kept and be available for inspection if required.

f. if the boarding house fails to strictly meet the guidelines, the Chief Commissioner

will have the discretion to approve an application for exemption if satisfied that the boarding house substantially complies with the guidelines.

A declaration provides for claimants to declare that the legislative requirements and the approved guidelines have been met and that they are able to produce records to prove that they have been met. Applications for tax exemption are to be made by 31 January of the relevant tax year (or a later date if the Chief Commissioner's approval to an extension of time is obtained).

Application forms for an exemption are available from the Office of State Revenue who can be

contacted on 1300 139 816 or visit them online www.osr.nsw.gov.au.



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Completed applications should be forwarded to the Chief Commissioner of State Revenue.

Applications can be lodged at any branch of the Office of State Revenue.

Residential Property Rating

1.9 The Local Government Act 1993 (LGA) also makes provision for incentives for Boarding House operators by deeming such uses ‘residential’ as opposed to ‘commercial’ for the purposes of annual Council rates. This enables Boarding Houses to benefit from reduced rates, which normally apply to business premises.

For a Boarding House to be classified as ‘residential’ it must maintain rent tariffs below those published by the Office of State Revenue for the applicable period of time (for example the relevant tax year). Provided the Boarding House maintains weekly rents less than or equal to these, it is eligible for the ‘residential’ rating.

For more information as to the applicability of the ‘residential’ rates classification, contact should be made with Council officers at our Customer service Centre - Tel. 9716 1800.

Boarding House Calculator 1.10 The Department of Housing (Centre for Affordable Housing) has produced a Boarding House Calculator to help applicants work out the viability of proposals. Please visit - http://www.housing.nsw.gov.au/NR/rdonlyres/8FD44A1E-A834-49A4-B641-9B8F935D673E/0/BoaringAccomodationCalculatorUserGuidelines.pdf or contact the - Centre for Affordable Housing 223-239 Liverpool Road Ashfield NSW 2131, Phone: (02) 8753-8181 Fax: (02) 8753-8188 Email: [email protected]



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Appendix 2: DA Checklist for Boarding Houses DA Checklist a. DA’s not affected by SEPP 10

The following requirements are specific to the requirements of Boarding Houses and in addition to standard Council requirements for lodgement of development applications applicable to the area where the boarding house will be located.

Requirements: 1. Plans at scale of 1:100 or 1:200 showing all internal / external areas and containing the

following information:

a. floor layout & use of each area ;

b. dimensions and total area of all areas ( m2 ) indicating compliance with Section 2 of this Part of Ashfield DCP 2007;

c. Proposed garbage and recycling storage area;

d. Proposed food preparation and storage areas;

e. Rooms proposed to be used by more than one person

2. Acoustic report for Class 3 Boarding Houses;

3. Details of any proposed surveillance or security systems for the premises.

4. Operational Plan of Management. b. DA’s affected by SEPP 10 If the development application is affected by SEPP 10 details of the likely impact of the proposed development in terms of the assessment criteria listed in Clause 7(4) of SEPP 10 will be required. The specific information needed to address each of the SEPP 10 criteria is set out in Section 4 of the SEPP 10 Guide.

Note that data responding to Appendix C (Financial Viability) of the SEPP 10 Guide will also need to be provided if a DA is lodged on the basis that a boarding house is not financially viable.

To read the SEPP 10 Guide, please visit - http://www.planning.nsw.gov.au/settingthedirection/pdf/sepp10/sepp10gu.pdf

The Department of Planning specifically requires the following information to be submitted with all applications to which SEPP 10 applies.

existing situation

(i) floor plans marked with current uses of all rooms and external areas photographs, internal and external.

(ii) description of how the boarding house is operated. (iii) age and history of the building (if known, including details of any

previous uses, approvals or licences).



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(iv) structural and maintenance condition, including details of any fire safety or other orders which have been served and details of any work carried out to comply with orders.

(v) details of the existing accommodation, including:

� number of rooms/units currently available for occupation and those

currently occupied � latest rent levels for each room/unit � number of existing residents � duration of each existing tenancy � general socio-economic position of resident group (age, disability,

employment status, income etc) � an estimate of the average length of occupancy and average vacancy rate for the

building

proposed situation

� purpose of carrying out the proposed development � alternative developments which have been considered, and reasons for

their rejection Where applicable, details of the likely impact of the development in regard to each

of the assessment criteria listed in Clause 7(4) of SEPP 10 as summarized below.

� whether there is likely to be a major reduction in the number of households or units of low rental accommodation on the land to which the application relates.

� whether there is sufficient comparable accommodation in the locality to

satisfy the demand for such accommodation in that locality.

� whether the development, if carried out, is likely to cause adverse social and economic effects on the general community.

� whether adequate arrangements have been made to assist the residents (if any)

of the building likely to be displaced to find satisfactory alternative accommodation in the locality (a survey such as that included at Appendix A of the SEPP 10 guide can be used for this purpose.

� whether the cumulative impact of the loss of low rental residential

accommodation in the council's area will result in a significant reduction in the stock of that accommodation. Cumulative impact assessment guidance is provided at Appendix B.

� the structural soundness of the building, the extent to which the building

complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements.

� outline of measures proposed to mitigate any likely adverse impacts of the

development.



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APPENDIX 3: SEPP 10 PROCESS FLOW CHART

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