Can you convert a Dwelling House to Group Home under CDC?

Short Answer: YES!

The short answer (As I interpret it) is YES. There appears to be no explicit prohibition within the legislative framework, at least as far as my understanding extends.

The pathway for Group Home development through Alterations and Additions under Complying Development Certificates (CDC) seems, to the best of my knowledge, unrestricted (Happy to be corrected on this).

The real question is whether development comprising the use of an existing dwelling as a group home is permitted as a valid compliant development under the State Environmental Planning Policy Housing 2021 (SEPP Housing 2021)?

Understanding Legislative Context

At first glance, there seems to be no explicit prohibition within legislations against executing Group Home development as Alterations and Additions under CDC. The key lies in unraveling the specifics, particularly in relation to the State Environmental Planning Policy Housing 2021 (SEPP Housing 2021).

The pivotal question revolves around the permissibility of CDC development involving the conversion of an existing dwelling to a group home. Specifically, I am seeking clarity on whether such a development aligns with the criteria for complying development as outlined in the State Environmental Planning Policy Housing 2021 (SEPP Housing 2021). This nuanced examination aims to shed light on the regulatory landscape governing the conversion of residential dwellings (Class 1a) into group homes (Class 1b) Under the pathway of CDC.

Definitions

The term group home is defined in the Standard Instrument as follows:

group home?means a permanent group home or a transitional group home.

Note—

Group homes are a type of?residential accommodation—see the definition of that term in this Dictionary.

group home (permanent)?or?permanent group home?means a dwelling—

(a)??that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)??that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which?State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.

Note—

Permanent group homes are a type of?group home—see the definition of that term in this Dictionary.

group home (transitional)?or?transitional group home?means a dwelling—

(a)??that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)??that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,

but does not include development to which?State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.

Note—

Transitional group homes are a type of?group home—see the definition of that term in this Dictionary.

In order for the proposal to be considered valid CDC and compliant with legislations, it must not fall under the purview of SEPP (Housing) 2021, Chapter 3, Part 5, which pertains to Seniors Living Development, and complies with all other relevant development standards, such as being in a prescribed zone, as defined in the SEPP (Housing) 2021, etc.

For further insights on this matter, please refer to my previous article titled as “Can grouphome still be issued as Complying Development?” addressing Seniors Living Development & NDIS Special Disability Accommodation (SDA) standards.

Fire Safety Upgrades

Where a development involves a change of use from a residential dwelling (Class 1a) to a group home (Class 1b), whether accompanied by construction fit-out works or not, it is recognized that specific upgrade tasks, such as fire safety enhancements, are imperative.

These upgrades are essential to ensure compliance with regulations, particularly when converting from Class 1a to Class 1b. These works constitute an integral component of the complying development for the establishment of a group home. Certification of these necessary upgrade works is mandatory, requiring the appointment of a Principal Certifier for thorough critical stage inspections and certification of the completed upgrades, as outlined in Section 61 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.

Legislative requirements that group home development MUST comply with?

Clause 64 of the SEPP (Housing) 2021 states the following:

(1) Development for the purposes of a group home is complying development if the development—

(a) does not result in more than 10 bedrooms being within 1 or more group homes on a site, and

(b) satisfies the requirements for complying development specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, clauses 1.18 and 1.19, other than clauses 1.18(1)(h) and 1.19(1)(b), and

(c) is not in a draft heritage conservation area, and

(d) meets the development standards set out in Schedule 2.

Outcome

Hence, if the proposed alterations and additions to an existing dwelling house (Class 1a), aiming to facilitate the conversion into Group Homes (Class 1b), demonstrates compliance with the stipulated requirements of Clause 64 above, including those outlined in Schedule 2, encompassing factors like site requirements, site coverage, building height, floor area, setbacks, and more, there is a strong belief that a Complying Development Certificate (CDC) can be granted and a CDC can still be issued to convert the existing dwelling house (Class 1a) to group homes (Class 1b).

Evidence to support argument

The term “development” is defined in Section 1.5(1) of the Environmental Planning and Assessment Act 1979, as follows:

1.5???Meaning of “development”

(1)? For the purposes of this Act,?development?is any of the following—

(a)??the use of land,

(b)??the subdivision of land,

(c)??the erection of a building,

(d)??the carrying out of a work,

(e)??the demolition of a building or work,

(f)??any other act, matter or thing that may be controlled by an environmental planning instrument.

(2)? However, development does not include any act, matter or thing excluded by the regulations (either generally for the purposes of this Act or only for the purposes of specified provisions of this Act).

(3)? For the purposes of this Act, the?carrying out of development?is the doing of the acts, matters or things referred to in subsection (1).

This legal provision serves as a foundational reference point, clearly outlining the parameters and scope of what constitutes "development" within the context of the Environmental Planning and Assessment Act 1979.

Further Assessment

Upon careful examination, no pertinent exclusions have been identified within the Regulations or the State Environmental Planning Policy Housing 2021 (SEPP Housing 2021) that, to my knowledge, contradict the defined concept of "development" in the ACT.

The development standards delineating a permanent group home or a transitional group home as complying development are explicitly outlined in Clause 61 of the State Environmental Planning Policy (Housing) 2021.

Additionally, these standards are elaborated upon throughout Schedule 2 of the SEPP Housing 2021. There is a noteworthy indication that these standards may be referencing the same concept of 'development' as articulated in Clause 1.5 of the Environmental Planning and Assessment Act 1979.

This inference arises from the unqualified use of the term 'development' without any specified limitations, and there is no discernible evidence to suggest an alternative interpretation.

Key Definitions

Understanding the term "development" as defined in Section 1.5(1) of the Environmental Planning and Assessment Act 1979 is crucial. In the context of Group Home development, this encompasses various aspects such as the use of land, building erection, and other relevant acts.

Conclusion

In conclusion, the exploration into Group Home development through Alterations and Additions under CDC has revealed promising avenues. The absence of legislative prohibitions, coupled with a meticulous adherence to SEPP Housing 2021 standards, especially those outlined in Clause 61 and Schedule 2, suggests a viable path for obtaining a Complying Development Certificate (CDC).

The harmonization of terminology, as seen in Clause 1.5 of the Environmental Planning and Assessment Act 1979 and throughout SEPP Housing 2021, further reinforces the consistency in the interpretation of the term 'development.' This holistic understanding, supported by regulatory alignment, positions the proposed alterations and additions for the purpose of group home favorably for CDC issuance, paving the way for a streamlined and compliant Group Home development process for the Alts & Adds, under CDC pathway.

Your Thoughts

Have you encountered similar scenarios where Alterations and Additions under CDC proved complaint for Group Home development under CDC? Share your insights and experiences in the comments below!

Disclaimer

This article is not to be taken out of context. It is general in nature and does not relate to any particular site. You are strongly advised to seek your independent town planning or a legal advice for your site and not to rely on the opinion of this article or any comments within.

Regards

Firas Naji

04 January 2024