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State Environmental Planning Policy (Housing) 2021
19Non-discretionary development standards—the Act, s 4.15
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#### 19 Non-discretionary development standards—the Act, s 4.15
19 Non-discretionary development standards—the Act, s 4.15
> > (1) The object of this section is to identify development standards for particular matters relating to residential development under this division 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 the residential development to which this division applies—
> >
> > > (a) a minimum site area of 450m2,
> >
> > > (b) a minimum landscaped area that is the lesser of—
> > >
> > > > (i) 35m2 per dwelling, or
> > >
> > > > (ii) 30% of the site area,
> >
> > > (c) a deep soil zone on at least 15% of the site area, where—
> > >
> > > > (i) each deep soil zone has minimum dimensions of 3m, and
> > >
> > > > (ii) if practicable, at least 65% of the deep soil zone is located at the rear of the site,
> >
> > > (d) living rooms and private open spaces in at least 70% of the dwellings receive at least 3 hours of direct solar access between 9am and 3pm at mid-winter,
> >
> > > (e) the following number of parking spaces for dwellings used for affordable housing—
> > >
> > > > (i) for each dwelling containing 1 bedroom—at least 0.4 parking spaces,
> > >
> > > > (ii) for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,
> > >
> > > > (iii) for each dwelling containing at least 3 bedrooms— at least 1 parking space,
> >
> > > (f) the following number of parking spaces for dwellings not used for affordable housing—
> > >
> > > > (i) for each dwelling containing 1 bedroom—at least 0.5 parking spaces,
> > >
> > > > (ii) for each dwelling containing 2 bedrooms—at least 1 parking space,
> > >
> > > > (iii) for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces,
> >
> > > (g) the minimum internal area, if any, specified in the Apartment Design Guide for the type of residential development,
> >
> > > (h) for development for the purposes of dual occupancies, manor houses or multi dwelling housing (terraces)—the minimum floor area specified in the Low Rise Housing Diversity Design Guide,
> >
> > > (i) if paragraphs (g) and (h) do not apply, the following minimum floor areas—
> > >
> > > > (i) for each dwelling containing 1 bedroom—65m2,
> > >
> > > > (ii) for each dwelling containing 2 bedrooms—90m2,
> > >
> > > > (iii) for each dwelling containing at least 3 bedrooms—115m2 plus 12m2 for each bedroom in addition to 3 bedrooms.
>
> > (3) Subsection (2)(c) and (d) do not apply to development to which Chapter 4 applies.
>
> **s 19:** Subst 2023 (664), Sch 1\[8\].