Seniors housing is designed to meet the needs of seniors and people with disability.
Seniors housing includes:
- Residential care facilities – sometimes also known as nursing homes or aged care homes. Residents receive full-time care.
- Independent living units – apartments or villas for seniors and people with disability. Residents can live independently.
- Hostels – includes single or shared residential accommodation staffed by support workers.
In November 2021, the planning provisions for seniors housing were transferred from the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (Seniors SEPP) (now repealed), to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).
Planning rules for seniors housing
The Housing SEPP made changes to planning rules for seniors housing. It ensures that seniors housing meets industry standards and community expectations.
The key changes for seniors housing include:
- a new list of areas where seniors housing is permitted
- removed the site compatibility certificate process
- bonus floor space incentives to encourage seniors housing developments in higher density areas. Incentives are between 15% and 25% bonus floor space
- the seniors housing age now starts at 60 in line with the Superannuation Industry (Supervision) Regulation 1994
- a reduction in the landscaped area requirements for residential care facilities from 25 m2 to 15 m2 per bed
- new internal and external communal space requirements, including at least 10sqm per bed for residential care facilities
- an updated list of environmentally sensitive land where developers cannot build seniors housing
- a new State Significant Development pathway for seniors housing for projects worth more than $30 million (or more than $20 million outside Greater Sydney)
- as part of a package of amendments made on 1 July 2022, seniors housing can now be developed by any person in the R2 Low Density Residential zone. This was previously restricted to the NSW Land and Housing Corporation and operators under the Retirement Villages Act 1999.
The department maintains a Bush Fire Evacuation Risk map. This shows the areas where seniors housing cannot be delivered in the Ku-ring-gai area. Changes to the map must consider:
- age groups of the existing population
- local health facilities and schools
- recommendations from the NSW Rural Fire Service.
Download a copy of the Bushfire Evacuation Risk Area map (PDF, 927 KB).
Interpretation of gross floor area for seniors housing under the Housing SEPP
The department made a housekeeping amendment in August 2023 to clarify the calculation of gross floor area for proposed seniors housing development under the Housing SEPP so that the planning controls operate in the intended way.
Recent changes
Changes made in an amendment to the Housing SEPP on 14 December 2023 are outlined below.
Accessibility and usability standards for independent living units
Amendments to the Housing SEPP include changes to Schedule 4 of the Housing SEPP to update accessibility and usability standards for independent living units to reflect industry best practice. These changes also improve consistency in the assessment and determination of independent living unit seniors housing developments, and better equip the planning system to deliver safe and suitable seniors housing. An explanation of intended effect (EIE) setting out the proposed changes to these provisions was exhibited from 22 November 2022 until 13 January 2023. Feedback received from stakeholders informed these updates.
Seniors Housing Design Guide
We have prepared a new Seniors Housing Design Guide (PDF, 17.9 MB) to help inform design and assessment of seniors housing proposals. This guide was approved by the Minister for Planning and Public Spaces in November 2023 and published by the department in December 2023.
The guide was finalised after considering feedback received from the draft Seniors Housing Design Guide exhibited with the EIE in the section above earlier this year.
It replaces the Seniors Living: Urban Design Guidelines for Infill Development, 2004 for seniors housing development.
Gross floor area for seniors housing
On 18 August 2023, the Housing SEPP was amended to clarify the calculation of gross floor area for proposed seniors housing development. This change was made to ensure the planning controls operate in the intended way. The definition of gross floor area for seniors housing development in the Housing SEPP now aligns with the definition of gross floor area under the Standard Instrument Local Environmental Plan, while retaining exclusions specific to seniors housing.
The new definition of gross floor area for proposed seniors housing development applies to development applications made but not finally determined by 18 August 2023.
Frequently asked questions
The Housing SEPP includes savings provisions for certain development applications and SCCs. This includes applications that were lodged but not determined before the commencement of the Housing SEPP. Check the SEPP to find out if your proposal is affected.
Independent living units were previously referred to as 'self-contained dwellings' and have been re-named to align with current industry terminology. They are for seniors who are independent and able to care for themselves.
To be consistent with Standard Instrument LEP definition.
The development standards have increased to 9.5 m for independent living units and residential care facilities.
This change supports the unique requirements of seniors housing. An allowance for rooftop plant and machinery has also been provided, recognising the servicing needs of these types of development.
Independent living units must be located close to services or provide those services onsite.
Residential care facilities must provide onsite services. They must also provide adequate transport services, such as a courtesy bus. Point-to-point transport (such as a taxi or ride-share vehicle) cannot be used to satisfy the access requirements of the SEPP.
There are some areas where the Housing SEPP does not permit seniors housing. For example, areas that are mapped as coastal protection, wetlands, and bushfire prone land.
Residents in residential care facilities have limited car parking needs. The new ratio for parking spaces for these developments is 1 parking space to 15 beds.
For independent living units 10% of parking spaces must now be accessible. This is an increase from 5% previously.
The restrictions on who can live in seniors housing are included in the Environmental Planning and Assessment Regulation 2021.
The moratorium on seniors housing in Heritage Conservation Areas (HCA) applies until 31 December 2023.
Upon the expiry of the moratorium, the seniors housing provisions of the Housing SEPP will apply across the Greater Sydney Region on land within a prescribed zone. These changes align with the intent of the Housing SEPP to facilitate the increased supply of diverse housing and to support ageing in place.
From 1 January 2024, seniors housing proposals in HCAs are to be prepared and assessed in accordance with existing planning frameworks, like with other forms of development in HCAs. Existing heritage provisions under clause 5.10 of the Standard Instrument – Local Environmental Plan (SILEP) and section 99 of the Housing SEPP, as well as local character statements for individual HCAs within the relevant Development Control Plans (DCPs) establish a robust planning framework to assess and manage the potential impacts of seniors housing proposals on the heritage significance of a HCA and surrounding items.
The new Seniors Housing Design Guide should also be used as a resource for developing in HCAs.
No. Seniors housing is no longer excluded from the Metropolitan Rural Area. The Housing SEPP allows seniors housing in some zones rather than relying on an SCC process.
The definition was updated in August 2023 to align with the Standard Instrument LEP definition, while retaining exclusions specific to seniors housing development such as floor space for service activities provided by residential care facilities in basements.
Amendments made on 14 December 2023 updated the accessibility and usability standards for independent living units and gave effect to the Seniors Housing Design Guide.
A minor amendment was made to the Housing SEPP in March 2022. The amendment included updates to clarify where the seniors housing provisions apply.
Further amendments were made to the seniors housing provisions on 1 July 2022. These included:
- removing provisions that limited the development of seniors housing on R2 zoned land to the Land and Housing Corporation or an operator under the Retirement Villages Act 1999
- clarifying the height of building provisions for seniors housing where it is developed by a public authority.
A housekeeping amendment was made to the Housing SEPP in August 2023 to clarify the calculation of gross floor area for seniors housing development under the Housing SEPP.
For more information, email [email protected] or phone 02 8289 6700.