108BSeniors housing permitted without development consent

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

(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

(c) the seniors housing will not contain more than 40 dwellings on the site.

(2) State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the clauses—

(a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and

(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].