108Non-discretionary development standards for independent living units—the Act, s 4.15

#### 108 Non-discretionary development standards for independent living units—the Act, s 4.15 108 Non-discretionary development standards for independent living units—the Act, s 4.15 > > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of independent living units that, if complied with, prevent the consent authority from requiring more onerous standards for the matters. > > > > Note— > > > > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with. > > > (2) The following are non-discretionary development standards in relation to development for the purposes of independent living units— > > > > > (a) no building has a height of more than 9.5m, excluding servicing equipment on the roof of a building, > > > > > (b) servicing equipment on the roof of a building, which results in the building having a height of more than 9.5m— > > > > > > > (i) is fully integrated into the design of the roof or contained and suitably screened from view from public places, and > > > > > > > (ii) is limited to an area of no more than 20% of the surface area of the roof, and > > > > > > > (iii) does not result in the building having a height of more than 11.5m, > > > > > (c) the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less, > > > > > (d) a minimum landscaped area that is the lesser of— > > > > > > > (i) 35m2 per dwelling, or > > > > > > > (ii) 30% of the site area, > > > > > (e) (Repealed) > > > > > (f) a deep soil zone on at least 15% of the site area, where each deep soil zone has minimum dimensions of 3m and, if practicable, at least 65% of the deep soil zone is located at the rear of the site, > > > > > (g) at least 70% of the dwellings receive at least 2 hours of direct solar access between 9am and 3pm at mid-winter in living rooms and private open spaces, > > > > > (h) for a dwelling in a single storey building or a dwelling located, wholly or in part, on the ground floor of a multi-storey building— > > > > > > > (i) at least 15m2 of private open space per dwelling, and > > > > > > > (ii) at least 1 private open space with minimum dimensions of 3m accessible from a living area located on the ground floor, > > > > > > Note— > > > > > > The open space needs to be accessible only by a continuous accessible path of travel, within the meaning of AS 1428.1, if the dwelling itself is an accessible one—see Schedule 4, section 2. > > > > > (i) for a dwelling in a multi-storey building not located on the ground floor—a balcony accessible from a living area with minimum dimensions of 2m and— > > > > > > > (i) an area of at least 10m2, or > > > > > > > (ii) for each dwelling containing 1 bedroom—an area of at least 6m2, > > > > > (j) for a development application made by, or made by a person jointly with, a social housing provider or Landcom—at least 1 parking space for every 5 dwellings, > > > > > (k) if paragraph (j) does not apply—at least 0.5 parking spaces for each bedroom. > > **s 108:** Am 2023 (664), Sch 1\[55\]–\[57\].