24Non-discretionary development standards—the Act, s 4.15

#### 24 Non-discretionary development standards—the Act, s 4.15 24 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 development for the purposes of boarding houses 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 carrying out of development to which this Division applies— > > > > > (a) for development in a zone in which residential flat buildings or shop top housing are permitted—a floor space ratio that is not more than— > > > > > > > (i) the maximum permissible floor space ratio for residential accommodation on the land, and > > > > > > > (ii) an additional 30% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of the boarding house, > > > > > (b) if paragraph (a) does not apply—a floor space ratio that is not more than the maximum permissible floor space ratio for residential accommodation on the land, > > > > > (c) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum landscaping requirements for multi dwelling housing under a relevant planning instrument, > > > > > (d) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument, > > > > > (e) at least 3 hours of direct solar access provided between 9am and 3pm at mid-winter in at least 1 communal living area, > > > > > (f) for a boarding house containing 6 boarding rooms— > > > > > > > (i) a total of at least 30m2 of communal living area, and > > > > > > > (ii) minimum dimensions of 3m for each communal living area, > > > > > (g) for a boarding house containing more than 6 boarding rooms— > > > > > > > (i) a total of at least 30m2 of communal living area plus at least a further 2m2 for each boarding room in excess of 6 boarding rooms, and > > > > > > > (ii) minimum dimensions of 3m for each communal living area, > > > > > (h) communal open spaces— > > > > > > > (i) with a total area of at least 20% of the site area, and > > > > > > > (ii) each with minimum dimensions of 3m, > > > > > (i) if a relevant planning instrument does not specify a requirement for a lower number of parking spaces—at least the following number of parking spaces— > > > > > > > (i) for development on land within an accessible area—0.2 parking spaces for each boarding room, > > > > > > > (ii) otherwise—0.5 parking spaces for each boarding room, > > > > > (j) if a relevant planning instrument specifies a requirement for a lower number of parking spaces—the lower number specified in the relevant planning instrument. > > **s 24:** Am 2023 (664), Sch 1\[12\]–\[14\].