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State Environmental Planning Policy (Housing) 2021
93Location and access to facilities and services—independent living units
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#### 93 Location and access to facilities and services—independent living units
93 Location and access to facilities and services—independent living units
> > (1) Development consent must not be granted for development for the purposes of an independent living unit unless the consent authority has considered whether residents will have adequate access to facilities and services—
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> > > (a) by a transport service that complies with subsection (2), or
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> > > (b) on-site.
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> > (2) The transport service must—
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> > > (a) take the residents to a place that has adequate access to facilities and services, and
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> > > (b) for development on land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—
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> > > > (i) not be an on-demand booking service for the transport of passengers for a fare, and
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> > > > (ii) be available both to and from the site at least once between 8am and 12pm each day and at least once between 12pm and 6pm each day, and
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> > > (c) for development on other land—be available both to and from the site during daylight hours at least once each weekday.
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> > (3) For the purposes of subsections (1) and (2), access is adequate if—
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> > > (a) the facilities and services are, or the transport service is, located at a distance of not more than 400m from the site, and
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> > > (b) the distance is accessible by means of a suitable access pathway, and
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> > > (c) the gradient along the pathway complies with subsection (4)(c).
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> > (4) In subsection (3)—
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> > > (a) a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and
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> > > (b) the distance is to be measured by reference to the length of the pathway, and
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> > > (c) the overall average gradient must be not more than 1:14 and the gradients along the pathway must be not more than—
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> > > > (i) 1:12 for a maximum length of 15m at a time, or
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> > > > (ii) 1:10 for a maximum length of 5m at a time, or
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> > > > (iii) 1:8 for a maximum length of 1.5m at a time.
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> > (5) In this section—
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> > facilities and services means—
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> > > (a) shops and other retail and commercial services that residents may reasonably require, and
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> > > (b) community services and recreation facilities, and
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> > > (c) the practice of a general medical practitioner.
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> > provide a booking service has the same meaning as in the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034), section 7.
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> > Note—
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> > Provide a booking service is defined as carrying on a business taking bookings for taxis or hire vehicles to provide passenger services, whether immediately or at a later time, and communicating the bookings to drivers for passenger services or providers of passenger services.
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> **s 93:** Am 2023 (664), Sch 1\[45\] \[46\].