Attachment 1-7 - City of Ryde

Council Attachments Page 93
ITEM 12 (continued) ATTACHMENT 7
3. Boarding Houses
Council on the 17 July 2012 considered a report on a media release posted
by Bankstown City Council regarding two class 1 appeals to the Land and
Environment court heard in May 2012 against Bankstown City Council’s refusal
of two DA s for boarding house developments on land in the Residential 2 (a)
zone under Bankstown LEP 2001. At this meeting the Council in part resolved:
(d) That Council amend its LEP to reflect the zoning that articulates boarding
houses as a ‘prohibited land use’ in the residential R2(a) land use zone.
Council is to note that this part of the resolution is subject to a Notice of
Rescission.
In relation to the Bankstown case - as the LEP prohibited boarding houses in
the 2(a) zone approval was sought for the developments under SEPP
(Affordable Rental Housing) 2009. The SEPP identifies zones within the
Standard Instrument (SI) within which boarding houses may be carried out. The
SEPP also states that for Councils that do not yet have a LEP under the SI it
applies to land within a land use zone that is equivalent to the listed SI zones.
The Court found there were no equivalent zones within the Bankstown LEP
(which is not under the SI) and as such the SEPP did not apply. Both cases
were dismissed in favour of Bankstown Council.
LEP 2011 is under the SI and boarding houses are a mandated use permitted
with Council consent in the R1, R2, R3 and R4 residential zones. It unlikely that
the Department would support the removal of this mandated land use.
Council should also note that the SEPP (Affordable Rental Housing) 2009
prevails over the provisions of a local planning instrument and any
consistencies.
However it is recognised that the City Of Ryde has already done extensive work
in developing a policy and DCP controls for boarding houses. This report
includes a recommendation to have this work recognised by the Minister for
Planning.
4. Macquarie Park – Serviced Apartments
Under the Standard Instrument (SI) a Serviced apartment is defined as a
building containing self contained tourist and visitor accommodation. Serviced
apartments are the only type of residential development permitted in the B3
Commercial Core zone.
In a report dated 27 September 2011 Council was advised that DoPI required
Clause 4.5B (5) Macquarie Park Corridor – Serviced apartments in Zone B3
Commercial Core to be deleted from the LEP. The clause required that serviced
apartments in the B3 zone comprise at least 2 serviced apartments and that all
serviced apartments were on the same lot (that is, not on a separate strata or
other title).
By deleting clause 4.5B (5) serviced apartments can now be strata subdivided.
This is considered undesirable as by permitting the separate ownership of
Attachment 7 - Council report 24 July 2012 - Draft Ryde LEP 2011 - Submissions