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Szabo & Associates News & Updates

The latest News & Updates from Szabo & Associates
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Proposed boarding house room caps by NSW Government

The NSW Department of Planning has recently issued a draft proposal to alter the Affordable Rental Housing State Environmental Planning Policy (SEPP) concerning the number of rooms allowed per boarding house in R2 low-density residential zones.

The proposal states that the size of new boarding houses should be limited to only 12 rooms in low-density areas. These changes have been drafted in response to community concerns about the impact of overlooking, overshadowing and car parking on properties in the neighbouring area.

Anthony Robert, Minister for Planning, commented that:

“Establishing a maximum number of boarding rooms per sit in low-density zones will help to better manage any amenity impacts of boarding-house developments on adjoining and nearby properties.”

However, industry expert Nick Tuxworth warned that introducing a cap on the number of rooms could drastically reduce the amount of these developments while spiking the cost of already approved sites:

“It will have an effect, because a lot of people are buying homes and getting DAs on them, that’s definitely going to slow things down as people aren’t going to get that uplift that you could get six months ago.”

This proposal follows amendments that were made to the Affordable Rental Housing SEPP in June 2018 which increased the car parking quota for new boarding houses from 0.2 spaces per room to 0.5. The reform was due to concerns around the impact of boarding houses on on-street car parking as a result of differing car ownership rates among the boarding house residents.

Despite no current legislation being in place for a room limit, boarding houses have to be close to public transport, have adequate parking and comply with council rules on density and building height. Boarding houses cater to a diverse range of residents; from students through to retirees.

The NSW Department Planning & Environment are currently looking for feedback on the Explanation of Intended Effect (EIE). You can make a submission here.

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Szabo & Associates, Solicitors can offer expert advice on a wide range of Conveyancing and Property Law issues, including property development and property disputes (both trying to prevent them and helping resolve them). Please call George Szabo on 01292815088 or fill in our online contact form.

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