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State Environmental Planning Policy (Housing) 2021
108BSeniors housing permitted without development consent
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#### 108B Seniors housing permitted without development consent
108B Seniors housing permitted without development consent
> > (1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—
> >
> > > (a) the relevant authority has considered the applicable development standards specified in sections 84(2)(c)(iii), 85, 88, 89 and 108, and
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> > > (b) the development will not result in a building with a height of more than—
> > >
> > > > (i) 9.5m, or
> > >
> > > > (ii) if the roof of the building contains servicing equipment resulting in the building having a height of more than 9.5m and the servicing equipment complies with section 84(2)(c)(ii)—11.5m, and
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> > > (c) the seniors housing will not contain more than 40 dwellings on the site.
>
> > (2) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), sections 2.15 and 2.17 apply to the development and, in the application of the clauses—
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> > > (a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and
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> > > (b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.
>
> **s 108B:** Ins 2022 (99), Sch 1\[14\]. Am 2022 (349), Sch 1\[35\]–\[38\]; 2025 (684), Sch 3\[5\].