sch.6-sec.6AOther material change of use for community residence

sch.6-sec.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. If the development is to be carried out on part of a lot, the site of development is that part of the lot. 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) om 2019 SL No. 104 s 13 pres sch 6 s 6A ins 2025 SL No. 149 s 17 (sch.6-sec.6A-ssec.1) 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. (sch.6-sec.6A-ssec.2) 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. (sch.6-sec.6A-ssec.3) 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. If the development is to be carried out on part of a lot, the site of development is that part of the lot. 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.