144Application of chapter

#### 144 Application of chapter 144 Application of chapter > > (1) In this policy, development to which this chapter applies is referred to as residential apartment development. > > > (2) This chapter applies to the following— > > > > > (a) development for the purposes of residential flat buildings, > > > > > (b) development for the purposes of shop top housing, > > > > > (c) mixed use development with a residential accommodation component that does not include boarding houses or co-living housing, unless a local environmental plan provides that mixed use development including boarding houses or co-living housing is residential apartment development for this chapter. > > > (3) This chapter applies to development only if— > > > > > (a) the development consists of— > > > > > > > (i) the erection of a new building, or > > > > > > > (ii) the substantial redevelopment or substantial refurbishment of an existing building, or > > > > > > > (iii) the conversion of an existing building, and > > > > > (b) the building is at least 3 storeys, not including underground car parking storeys, and > > > > > (c) the building contains at least 4 dwellings. > > > (4) If particular development comprises development for the purposes specified in subsection (2) and development for other purposes, this chapter applies only to the part of the development for the purposes specified in subsection (2). > > > (5) This chapter does not apply to development that involves only a class 1a or 1b building within the meaning of the Building Code of Australia. > > > (6) To avoid doubt, development to which Chapter 2, Part 2, Division 1, 5 or 6 or Chapter 5 or Chapter 6 applies may also be residential apartment development under this chapter. > > > (7) In this section— > > > > underground car parking storey means a storey used for car parking that is— > > > > > (a) below ground level (existing), or > > > > > (b) less than 1.2m above ground level (existing). > > **s 144:** Ins 2023 (664), Sch 1\[65\]. Am 2024 (135), Sch 1\[11\]; 2025 (291), Sch 1\[24\].