Planning Minister Anthony Roberts announces new rules to stop boarding house loophole

Planning Minister Anthony Roberts has announced plans to stop developers taking advantage of a policy that allows boarding houses to bypass council regulations — and it’s set to have a huge impact.

Planning Minister Anthony Roberts announced proposed changes to boarding house policy. Picture: Troy Snook.

• Development debate rages on the northern beaches
• Community to get their say on boarding houses
• A Sydney council’s push to slam shut the door on developers
• 122-room boarding house proposed for narrow Dee Why street

Sweeping reforms to planning laws could close a loophole used by developers to bypass local planning laws.

Planning Minister Anthony Roberts announced on Wednesday that the number of rooms in a boarding house could be capped to a maximum of 12 in low-density residential zones.

Northern Beaches Mayor Michael Regan has been campaigning for a moratorium on the State Environmental Planning Policy (SEPP) across the peninsula.

An artist's impression of the proposed boarding house from Binalong Ave, Allambie Heights.

He has argued the boarding houses and seniors living which can be built do not fit in with the council’s planning for the area.

And he has a point, with the amount of proposed boarding houses last financial year increasing sixfold on the financial year before that - from two to 13.

It has showed no sign of slowing down as developers circle the waters around the new hospital.

This week alone, the council advertised four boarding houses which have proposed near the hospital - two were amended in a bid to go through the Land Environment Court.

However, this move will likely act as a deterrent to developers, who have routinely tried to pack up to 100 rooms on what used to be a single dwelling using the policy.

An artist impression of the proposed 102-room boarding house at Dee Why.

Mr Roberts said the changes had been drafted in response to concerns from communities about local impacts of some boarding house

developments.

“Tough rules already exist governing the development of boarding houses to ensure

they are only approved where they are close to public transport, compatible with

council rules on density and building height, and where there’s adequate additional

parking,” he said.

“We have listened to the community and councils and what we’ve heard is that they

want more limits placed on these developments in low density areas.

“That’s why we’re proposing a 12 boarding room limit on boarding house

developments in the R2 zone, to address community concerns about amenity

impacts, such as overlooking, overshadowing and loss of on-street carparking.

“Labor introduced a boarding house State Environmental Planning Policy (SEPP) in

2009, but never imposed a room limit.

Northern Beaches Mayor Michael Regan has called for a moratorium on boarding houses. Picture: Adam Yip.

“Establishing a maximum number of boarding rooms per site in low density zones

will help to better manage any amenity impacts of boarding house developments on

adjoining and nearby properties.”

It is not clear whether the changes will come into effect - if made law - to stop applications currently before the Land Environment Court from going ahead.

Mr Regan said he hoped that would be the case.

“If what I have been told is accurate, I am exceptionally excited and very pleased with Minister Roberts for his proactive stance on the issue,” he said.

Mr Roberts said the Affordable Rental Housing State Environmental Planning Policy

(ARHSEPP) had already been amended earlier this year to address concerns about

off street parking.

An artist's impression of the proposed boarding house at 22 Frenchs Forest Rd East.

“The AHRSEPP was originally introduced in 2009 to increase the supply and

diversity of affordable rental and social housing throughout NSW.

“However, it’s clear that the size, scale and proliferation of boarding house

developments in the R2 zone is not in line with what was envisaged when the

ARHSEPP was introduced.

“We already made changes in June this year, in response to community concerns, to

increase carparking standards to 0.5 spaces per boarding room in all locations.

“The proposed changes we are releasing today support the Government’s

commitment to keep listening and to make sure communities are at the heart of

planning policy,” he said.

The community is invited to comment on the proposed amendments which will be on

exhibition from 28 November to 19 December 2018.