Special residential and non-residential uses in residential zones Territory Plan policy review

8/14/2019 Special residential and non-residential uses in residential zones Territory Plan policy review

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iSpecial residential and non-residential uses in residential zones


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1Special residential and non-residential uses in residential zones

Background

The ACT Planning and Land Authority is currently undertaking a general review of policy in the Territory

Plan that regulates development in residential zones. As part of this review, this issues paper discusses

non-standard and non-residential uses in residential zones and invites comment on possible policy

changes1.

While most housing in residential zones takes the form of either a standard single dwelling 2 or a

multi-unit development (including dual occupancies), certain other non-standard forms of residential

development are assessable in the Territory Plans merit track3. These include habitable suites,

relocatable units4, boarding houses, guest houses, special dwellings, residential care accommodation,

retirement complexes, and supportive housing.

Some non-residential developments are also assessable in the merit track in residential zones in specic

circumstances. These include ancillary uses, child care centres, community activity centres, health

facilities, home businesses, minor uses, and temporary uses.

Key questions in this paper have been identied based on ACTPLAs recent experiences and research.

However, these are intended only as a basis for discussion, and suggestions about additional potential

issues and policy measures are welcome.

If you wish to make a comment or have any questions about this paper please contact:

[email protected] or call 6205 2616. You can also write to:

ACTPLA

Residential Zones Part D Policy Review

Development Policy Section

GPO Box 1908

CANBERRA ACT 2601

The period for comments closes 5:00pm, Friday, 11 December 2009.

1 The current policy which this paper reviews can be found at Part D of the Territory Plans Residential Zones Multi-Unit

Housing Development Code

2 AdwellingisdenedinthePlanningandDevelopmentRegulation2008ashavingthefollowingfeatures:atleast1bath/shower and 1 toilet; not more than 2 kitchens; and does not have access from another dwelling. The dwelling may have

ancillary outbuilding components (such as, for example, a garage).

3 The Merit track is the standard assessment track for a typical development within a given zone.

4 Grannyatiscommonterminologyforbothhabitablesuitesandrelocatableunits.


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1. The range and restriction of uses permitted in residential areas

A key aspect of any planning framework is the range and regulation of uses within particular zones. For

example, various uses permitted in residential zones other than standard housing including boarding

houses, childcare centres, community activity centres, residential care accommodation, health facilities,

and guest houses are subject to certain restrictions on their location (see the appendix to this paper).

These location restrictions of non-residential uses are intended to protect the amenity of residential

zoned areas by preventing agglomeration (i.e. by permitting only one such development per section),

while recognising that in some circumstances the location of these uses in residential zoned areas may

nonetheless be desirable.

Another current residential zones use restriction is a maximum plot ratio of 35 per cent for boarding

houses, child care centres, community activity centres, and residential care accommodation. In

contrast, in the same areas the maximum plot ratio for single dwellings is 50 per cent.

Comment is sought as to whether these restrictions might be revised, and whether more broadly, the

current range of merit assessable uses permitted in residential zones should be altered.

Questions

1. Is the current range of uses permitted in residential zones appropriate?

2. Are restrictions limiting only one of certain uses per section appropriate?

3. Is a maximum plot ratio for some uses of 35 per cent appropriate?

Unilodge, student accommodation, Childers Street, City


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2.Habitablesuites,relocatableunits,andsecondarydwellings/subsidiary

residences(grannyats)

There is a social need for secondary residences associated with existing dwellings, which planning

should allow for. Such secondary residences can potentially play an important role in contributing to

social sustainability in the Territory.

Both the ACT Affordable Housing Action Plan (Phase 2) (Chief Ministers Department August 2009)

and the Draft Positive Ageing Strategy (Department of Disability, Housing, and Community Services -

July 2009) have raised the possibility of increasing the supply of granny ats in the context of improving

housing affordability and providing appropriate housing for the ageing population.

The Territory Plan currently provides for two types of temporary granny athabitable suites and

relocatable units. These two uses were introduced to the Territory Plan in 1997, following Variation 55.

Ahabitable suite is dened as:

a room or suite of rooms which is capable of being occupied as a separate domicile within adwelling but easily reverted to being rooms forming part of that dwelling.

This might take the form of the conversion of a part of, or an extension to, a larger existing single

dwelling. While they may have their own kitchen and bathroom facilities, habitable suites are not

regarded as a separate dwelling and thus are not subject to policy for dual occupancies. Notably, dual

occupancies are subject to a number of restrictions, including plot ratio limits and requirements that

they can only be developed on a block greater than 800m 2. Thus, habitable suites provide an option for

the limited, temporary, extension of the housing capacity of an existing dwelling, particularly when a dual

occupancy would not be permitted.

The current policy for habitable suites includes the following requirements:

Applicants must submit a statutory declaration that the habitable suite will only be occupied

by a person who is providing care to a resident of the main dwelling or receiving care from a

resident of the main dwelling due to reasons of inrmity (due to age) or disability.

Documentation must be provided to show how the suite will be reintegrated back into the main

dwelling once care is no longer required, including how kitchen facilities are to be removed.

The suite may only have a maximum gross oor area of up to 70m and an additional parking

space is to be provided.

Arelocatable unit is dened as:

a room or suite of rooms capable of being occupied as a separate domicile which is designed

and constructed in a manner which enables it to be easily transferred to and/or re-erected on

another site.

A relocatable unit provides the opportunity to construct free standing temporary care accommodation,

in situations where a dual occupancy is not permissible.

The current policy for relocatable units has the following features:

Applicants must submit a statutory declaration that the relocatable unit will only be occupied

by a person who is providing care to a resident of the main dwelling or receiving care from a

resident of the main dwelling due to reasons of inrmity (due to age) or disability.

The unit may only have a maximum gross oor area of up to 70m and an additional parking

space is to be provided.


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The unit is sited and designed so that: the height of walls does not exceed 3.5m; the unit is

at the rear of the main dwelling; and the minimum setback from any window or opening in the

main dwelling is no less than 3.5m.

However, for the following reasons an argument can be made that the concepts of habitable suite and

relocatable unit need to be replaced, or substantially revised:

1. There have only been around 80 applications to develop habitable suites since 1997. A

compliance issue is whether they are being reintegrated into the primary dwelling following the

end of their occupation by the residents specied in their development applications.

2. The recent change to the denition of dwelling, contained in the Planning and Development

Regulation 2008, allowing a dwelling to have two kitchens has probably removed the need for

habitable suite as a use. A development application for a granny at as part of an existing

house might now be made as an extension of the dwelling.

3. There have been even less applications to develop relocatable units since 1997. Again, a

compliance issue is whether they are being removed (relocated) following the end of their

occupation.

4. The current restrictions on the occupation of a habitable suite or relocatable unit to people

recieving care or carers create compliance difculties.

5. Currently, permanent semi-independent domiciles physically separated from the main

structure of a dwelling are not permissible (i.e. relocatable suites are temporary structures and

habitable suites must be attached to a larger dwelling). A new use might thus allow for such

housing.

Accordingly, this paper proposes two broad options:

the retention and potential revision of the policy content of habitable suite and relocatable unit or

the deletion of these uses from the Territory Plan and their replacement with a new use,

nominally named, secondary dwelling (other naming options include subsidiary residence, or

granny at).

Habitable suite (at rear of dwelling)


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RecentNSWpolicychange-grannyats(secondarydwellings)

New provisions for secondary dwellings (or granny ats) have recently been introduced in NSW in a new

State Environmental Planning Policy (Affordable Rental Housing) 2009, gazetted 31 July 20095. The new

provisions are potentially relevant to both the options in this paper. The new NSW policy provides for:

Secondary dwellings of up to 60m may be developed on blocks in all residential zones largerthan 450m (although councils also have the discretion to approve them on smaller blocks).

Secondary dwellings may not be constructed as a new basement or on top of the roof of an

existing dwelling.

Subdivision of blocks with a secondary dwelling cannot take place.

The total oor area of the primary dwelling and secondary dwellings cannot exceed any

maximum set for the block under any other planning instrument.

A block can have no more than one secondary dwelling.

No additional parking is required to be provided.

Two clear contrasts between the NSW policy and the ACTs current habitable suite and relocatable unit

policies are the absence in NSW of a care requirement or an expectation of temporary use. In NSW

secondary dwellings can be occupied by family members of the occupants of the main dwelling (e.g.

teenagers, extended family members, older people) wishing to live semi-independently but not requiring

or providing care due to reasons of age or disability. Further, in NSW the granny at can also be rented

to non-family members.

Key Point

If a new use of secondary dwelling reecting policy changes in NSW was introduced in the ACT it isenvisaged that it would be particularly attractive to owners of properties where dual occupancy is

currently not permissible (i.e. blocks smaller than 800m, which form a majority of residential blocks

across the Territory).

Questions

4.For the reasons outlined in this paper, (e.g. given the recent change to the denition of a dwelling to

allow two kitchens, compliance issues, and their low uptake since 1997), should habitable suite and

relocatable unit be replaced with a new use (e.g. secondary dwelling or subsidiary residence)?

5 (A). If habitable suite and relocatable unit are retained should any other changes to policy be made inthe ACT (potentially reecting new policy in NSW) in relation to:

maximum size

parking requirements

restrictions on occupation (care or family requirements)

common private open space requirements

common metering for water/electricity

number of habitable suites/relocatable units on a block?

5 ForfurtherdetailsonnewNSWpolicysee:http://www.planning.nsw.gov.au/PlansforAction/Supportingaffordablerental-

housingpolicy/tabid/313/Default.aspx


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5 (B). If a new use is introduced, what policy characteristics should this use have in relation to:

its name (secondary dwelling, granny at, subsidiary residence)

maximum oor space of secondary dwelling

whether oor space of secondary dwelling is included in the current 50% maximum plot ratio

for main dwelling

minimum block size on which secondary dwelling permissible

any additional parking requirement

any restriction on occupation (care or family requirements)

any requirement for common use of private open space

restrictions on subdivision/unit titling

requirement for common metering of services (water, electricity, gas etc)

requirement that dwellings not separately rated

requirement that no separate waste collection service provided

separate mail box permitted

preferred development assessment track (exempt, code, merit)?

Relocatable units


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3.Institutionalhousing:boardinghousesandstudentaccommodation

Along with standard dwellings, secondary dwellings, and housing for older persons requiring varying

degrees of care, there is an additional need to provide for institutional housing in the Territory Plan.

The most common forms of such housing are boarding houses and student accommodation, which

while usually serving distinct social groups, in practice often have similar built forms. These include

the presence of shared common spaces and facilities, frequently accompanied by less independently-orientated private living spaces relative to standard apartments.

3 (A) Boarding houses

Boarding houses have ambiguous perceptions in the housing market. On one hand they are frequently

viewed negatively as insecure and substandard housing-of-last-resort for those who would be otherwise

literally without a roof over their heads due to poverty and/or other complex issues (their residents are

typically described as the tertiary homeless within conceptual hierarchies of homelessness). On the

other hand, for these very reasons, boarding houses are sometimes presented positively as an essential

means of reducing the number of people sleeping rough (the primary homeless)6,7.

Accordingly, given their place at the base of the housing market it may be desirable to introduce some

basic standards based on those recently introduced in NSW to protect the well-being of boarding

houses often vulnerable residents.

The standards for New Generation Boarding Houses in NSW provide that:

The gross oor area of a boarding room for a single occupant is no smaller than 12m, or 16m

in any other case.

Boarding rooms may not be occupied by more than two adults.

Adequate bathroom and kitchen facilities are provided within the boarding house for the use

of residents. Individual boarding rooms may have kitchen and/or bathroom facilities, but theseare not mandatory.

If a boarding house is to be occupied by ve or more adults, at least one communal living

room is to be provided.

Private open space of at least 20m2 with a minimum dimension of 3m is provided for the use of

the lodgers.

Currently, there is no specic policy relating to boarding houses in the Territory Plan other than

restrictions on external appearance, plot ratio, and agglomeration (see Section 1.5 in the appendix to

this paper).

6 Additionally, it is recognised that this accommodation is the preferred form of housing for a small proportion of their

residents typically people with low incomes who do not wish to settle down, or enjoy boarding houses institutional orcommunal nature.

7 For a good overview of the intersections of boarding houses and homelessness, see Department of Human Services

(SouthAustralia)(2003)ItsNoPalace:TheSector,ItsClientele,andItsFuture.Accessedat:http://www.sapo.org.au/

pub/pub2581.html.


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3 (B) - Student accommodation

As the number of students seeking tertiary education in Canberra grows, specialised student

accommodation is likely to become an increasingly common form of institutionalised housing. However,

there is currently no policy specic to such developments in the ACT, with new developments beingassessed against the generic relevant Residential Zones Housing Development Code.

In contrast, other jurisdictions, conscious of the social inclusion challenges that their student

populations pose, and the increasing importance of the international education sector within their urban

economies, have introduced basic standards. For example, the Adelaide City Council has the following

policy standards for new student accommodation developments8:

Minimum internal oor areas:

studio (where no separate bedroom): 37m

1 bedroom: 50m2

2 bedroom: 75m2

3+ bedrooms: 100m2

Private open space:

studio - no minimum requirement but some provision is desirable

1 bedroom dwelling/apartment - 8m

2 bedroom dwelling/apartment - 11m

3+ bedroom dwelling/apartment - 15m

8 http://www.adelaidecitycouncil.com/adccwr/publications/guides_factsheets/dig_student_accommodation.pdf.

Samaritan House, homeless shelter, Hackett


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Questions

6.How should institutional housing, such as boarding houses and student accommodation, be provided

for in the Territory Plan?

7. Should common policy apply to both boarding houses and student accommodation? (Or alternatively,

should Student Accommodation be introduced as a new use?)

8. What should the policy features of these uses be in terms of:

minimum room sizes

common space requirements

storage requirements

unit-titling restrictions

private open space requirements?

9.What parking requirements are appropriate for boarding houses and/or student accommodation?(The current standards for boarding houses are: 0.5 space per employee, and 0.5 space per bedroom).

10.Should boarding houses be restricted to a maximum number of bedrooms to prevent the

agglomeration of persons likely to be highly disadvantaged?


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Appendix existing Territory Plan policies for special residential and non-

residential uses (from Part D of the Residential Zones Multi-Unit Housing

Development Code)

1.3 Habitable suite

Rule

The applicant submits a statutory declaration

stating that, while the habitable suite is occupied

as a separate domicile, it will be occupied only

by a person who is providing care to or receiving

care from an occupant of the main dwelling for

reasons of inrmity (due to age) or disability.

Criteria

This is a mandatory requirement. There is no

merit criterion

There is no applicable rule.

Criteria

It is demonstrated and documented how the

habitable suite will be integrated into the dwelling,

and how kitchen facilities will be removed when

the care is no longer required.

Rule

The habitable suite is as follows:

a) permitted only on a block on which asingle dwelling is erected

b) complies with all relevant items in Parts

A and B of this Code and Part C(1) of

the Residential Zones Single Dwelling

Housing Development Code.


applicable criterion


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1.4 Relocatable unit

Rule

The applicant submits a statutory declaration

stating that, while the relocatable unit is occupiedas a separate domicile, it will be occupied only

by a person who is providing care to or receiving

care from an occupant of the main dwelling for

reasons of inrmity (due to age) or disability.



Rule

The relocatable unit is as follows:

a) permitted only on a block on which a

single dwelling is erected

b) complies with all relevant items in PartsA and B of this Code and Part C(1) of

the Residential Zones Single Dwelling

Housing Development Code.



Rule

a) The relocatable unit is as follows:

i) maximum gross oor area of 70 m2

ii) 1 parking space in addition to that

required by the main dwelling

iii) the unit is sited and designed so

that:

iv) the wall height does not exceed 3.5 m

v) it is at the rear of the main dwelling.

b) The minimum setback from any window

or opening in a wall of the main dwelling

is 3.5 m.

Criteria

To protect the single dwelling housing character

and amenity of predominantly detached housing

areas.


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1.5 Boarding house, child care centre, community activity centre and residential careaccommodation


Criteria

a) It is demonstrated that the use will not

have a signicant adverse impact on

surrounding residential development.

b) The building form and materials

have a domestic character and scale

compatible with the locality.

Exception: These criteria are not applicable to

childcare centres in Belconnen, Section 55, Block

37, Section 66, Section 67, Block 3, and part

Block 2, and Section 88, part Block 1.

Rule

These uses are permitted only where:

a) there is a maximum of 1 of these uses

per section

b) there is a maximum plot ratio of 35%

Exception: These rules are not applicable to

childcare centres in Belconnen, Section 55, Block

37, Section 66, Section 67, Block 3, and partBlock 2, and Section 88, part Block 1.

Criteria

To protect the amenity of the areas by restricting

the agglomeration of non residential activities and

to ensure that the development is of a compatible

scale with surrounding residential development.

1.6 Supportive housing


Criteria

a) It is demonstrated that the use will not

have a signicant adverse impact on

surrounding residential development.

b) The building form and materialshave a domestic character and scale

compatible with the locality.

Rule

All dwellings for the purpose of supportive

housing are designed to meet the relevant

Australian Standard for adaptable housing and

any relevant considerations in the Access and

Mobility General Code


applicable criterion.

Rule

In the RZ1 Zone, on a standard block (or a block

resulting from the consolidation of these blocks),

the maximum plot ratio is 35% where supportive

housing is included on the block.




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1.7 Guest house

Rule

Guest houses are permitted only:

a) at a maximum of 1 per section and only

where adjacent to a commercial zone

b) on blocks abutting Northbourne Avenue

in Downer, Sections 34 and 44

c) in Belconnen Section 55, Block 37,

Section 66, Section 67, Block 3 and

part Block 2, and Section 88, part

Block 1



1.8 Healthfacility

Rule

A health facility is permitted where:

a) there is a maximum of one per section

b) it is adjacent to a group centre or local

centre; or

c) in Belconnen, Section 55, Block 37,

Section 66, Section 67, Block 3 and

part Block 2, and Section 88, partBlock 1.

Criteria

To protect the amenity of the areas by restricting

the agglomeration of non residential activities to

ensure that health facilities are located in areas

which are easily and safely accessible.

Exception: These criteria are not applicable

in Belconnen, Section 55, Block 37, Section

66, Section 67, Block 3, and part Block 2, and

Section 88, part Block 1.

1.9 Businessagency,ofce,restaurant,shop

Rule

A business agency, ofce, restaurant, shop are

permitted only where:

a) the gross oor area for these purposes

in any section does not exceed 100m2

in total

b) the business agency, ofce, restaurant

or shop is part of an integrated mixed

use development that includes multi-

unit housing

c) on approval of the subject

development, the proportion of the

total land area of the section that has

been approved for multi-unit housing,

including dual occupancy, is not less

than 75%.




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