Special residential and non-residential uses in residential zones
i
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 dwelling2 or a
multi-unit development (including dual occupancies), certain other non-standard forms of residential
development are assessable in the Territory Plan’s 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 specific
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 identified based on ACTPLA’s 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:
residentialpolicyreview@act.gov.au 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.
1The current policy which this paper reviews can be found at Part D of the Territory Plan’s Residential Zones Multi-Unit
Housing Development Code
2
A dwelling is defined in the Planning and Development Regulation 2008 as having the following features: at least 1 bath/
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
‘Granny flat’ is common terminology for both habitable suites and relocatable units.
Special residential and non-residential uses in residential zones
1
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
2. Habitable suites, relocatable units, and secondary dwellings/subsidiary
residences (‘granny flats’)
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 Minister’s 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 flats’ 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 flat’—habitable suites and
relocatable units. These two uses were introduced to the Territory Plan in 1997, following Variation 55.
A habitable suite is defined as:
‘…a room or suite of rooms which is capable of being occupied as a separate domicile within a
dwelling 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 800m2. 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 ‘infirmity (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 floor area of up to 70m² and an additional parking
space is to be provided.
A relocatable unit is defined 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 ‘infirmity (due to age) or disability’.
•The unit may only have a maximum gross floor area of up to 70m² and an additional parking
space is to be provided.
Special residential and non-residential uses in residential zones
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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 specified in their development applications.
2.The recent change to the definition 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 flat’ 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 difficulties.
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 flat’).
Habitable suite (at rear of dwelling)
Recent NSW policy change - ‘granny flats’ (secondary dwellings)
New provisions for secondary dwellings (or ‘granny flats’) 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 60m² may be developed on blocks in all residential zones larger
than 450m² (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 floor 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 ACT’s 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 flat can also be rented
to non-family members.
Key Point
If a new use of secondary dwelling reflecting policy changes in NSW was introduced in the ACT it is
envisaged that it would be particularly attractive to owners of properties where dual occupancy is
currently not permissible (i.e. blocks smaller than 800m², 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 definition 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 in
the ACT (potentially reflecting new policy in NSW) in relation to:
5
•
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?
For further details on new NSW policy see: http://www.planning.nsw.gov.au/PlansforAction/Supportingaffordablerentalhousingpolicy/tabid/313/Default.aspx
Special residential and non-residential uses in residential zones
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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 flat, subsidiary residence)
•
maximum floor space of secondary dwelling
•
hether floor space of secondary dwelling is included in the current 50% maximum plot ratio
w
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
3. Institutional housing: boarding houses and student accommodation
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 independentlyorientated 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 floor area of a boarding room for a single occupant is no smaller than 12m², or 16m²
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 these
are not mandatory.
•If a boarding house is to be occupied by five 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 specific 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).
6Additionally, 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 or
communal nature.
7For a good overview of the intersections of boarding houses and homelessness, see Department of Human Services
(South Australia) (2003) It’s No Palace: The Sector, Its Clientele, and Its Future. Accessed at: http://www.sapo.org.au/
pub/pub2581.html.
Special residential and non-residential uses in residential zones
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Samaritan House, homeless shelter, Hackett
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 specific to such developments in the ACT, with new developments being
assessed 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 floor areas:
•
studio (where no separate bedroom): 37m²
•
1 bedroom: 50m2
•
2 bedroom: 75m2
•
3+ bedrooms: 100m2
Private open space:
8
•
studio - no minimum requirement but some provision is desirable
•
1 bedroom dwelling/apartment - 8m²
•
2 bedroom dwelling/apartment - 11m²
•
3+ bedroom dwelling/apartment - 15m²
http://www.adelaidecitycouncil.com/adccwr/publications/guides_factsheets/dig_student_accommodation.pdf.
Storage space to be provided:
•
studio: 6m3
•
1 bedroom dwelling/apartment: 8m3
•
2 bedroom dwelling/apartment: 10m3
•
3 bedroom dwelling/apartment: 12m3
Car parking requirements:
•Varies with the zoning of the site, and scale of development. For example, in residential zones,
generally 1 space must be provided per apartment with a floor area of less than 200m², and 2
spaces must be provided for each apartment with a floor space of greater than 200m².
In response to a recent Commonwealth Senate inquiry into the welfare of international students, the
University of Sydney has called for the NSW state government to introduce minimum standards for
affordable student accommodation. Similarly, it has been suggested locally that clearer guidelines for
student accommodation might assist the development assessment process.
Ursula Hall - Laurus Wing, student accommodation, Acton
Special residential and non-residential uses in residential zones
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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?
Appendix – existing Territory Plan policies for special residential and nonresidential 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 infirmity (due to age) or disability.
Criteria
This is a mandatory requirement. There is no
merit criterion
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.
There is no applicable rule.
Rule
The habitable suite is as follows:
This is a mandatory requirement. There is no
applicable criterion
a)permitted only on a block on which a
single 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.
Special residential and non-residential uses in residential zones
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1.4
Relocatable unit
Rule
The applicant submits a statutory declaration
stating that, while the relocatable unit 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 infirmity (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
This is a mandatory requirement. There is no
applicable criterion
This is a mandatory requirement. There is no
applicable criterion
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.
Rule
Criteria
a)The relocatable unit is as follows:
i) maximum gross floor 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.
To protect the single dwelling housing character
and amenity of predominantly detached housing
areas.
1.5Boarding house, child care centre, community activity centre and residential care
accommodation
Criteria
There is no applicable rule.
a)It is demonstrated that the use will not
have a significant 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)
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.
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 part
Block 2, and Section 88, part Block 1.
1.6
Supportive housing
Criteria
There is no applicable rule.
a)It is demonstrated that the use will not
have a significant adverse impact on
surrounding residential development.
b)The building form and materials
have 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
This is a mandatory requirement. There is no
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.
This is a mandatory requirement. There is no
applicable criterion.
Special residential and non-residential uses in residential zones
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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
This is a mandatory requirement. There is no
applicable criterion.
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
Health facility
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, part
Block 1.
1.9
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.
Business agency, office, restaurant, shop
Rule
A business agency, office, restaurant, shop are
permitted only where:
a)the gross floor area for these purposes
in any section does not exceed 100m2
in total
b)
the business agency, office, restaurant
or shop is part of an integrated mixed
use development that includes multiunit 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%.
This is a mandatory requirement. There is no
applicable criterion.
Special residential and non-residential uses in residential zones
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