Document ID: chunk:federal_register_of_legislation:F2020L00769:reg:31:p1
Version: federal_register_of_legislation:F2020L00769
Segment Type: reg
Provision Reference: reg 31 (pt 1/3)
Character Range: 41910–44569

31  Density restriction
 (1) The density restriction applies in relation to a parcel of land if:
 (a) the parcel of land has 2 or more dwellings; and
 (b) at least one of those dwellings is either:
 (i) a new build; or
 (ii) existing stock.
 (2) If the density restriction applies in relation to a parcel of land, the total number of eligible participants that can receive funding for specialist disability accommodation in relation to all dwellings located on the parcel of land must not exceed:
 (a) if one of the dwellings on the parcel of land is enrolled to house 3 or more residents—the greater of the following:
 (i) 10 eligible participants;
 (ii) 10% of the total number of residents capable of residing on the parcel of land, assuming one resident per bedroom; or
 (b) if all of the enrolled dwellings on the parcel of land are enrolled to house no more than 2 residents and the dwellings are part of an intentional community—the greater of the following:
 (i) 15 eligible participants;
 (ii) 25% of the total number of residents capable of residing on the parcel of land, assuming one resident per bedroom; or
 (c) if all of the enrolled dwellings on the parcel of land are enrolled to house no more than 2 residents and the dwellings are not part of an intentional community—the greater of the following:
 (i) 15 eligible participants;
 (ii) 15% of the total number of residents capable of residing on the parcel of land, assuming one resident per bedroom.
 (3) An intentional community is a residential community with the following features:
 (a) the community is designed to have a high degree of social cohesion, achieved through teamwork and agreed shared values;
 (b) the members of the community have chosen to live together based on common social values and have committed to the principle of mutual support;
 (c) the community has a defined and explicit agreement under which residents have agreed to live in accordance with shared common values, including the principle of mutual support;
 (d) the community is controlled by the members or residents and is not governed by a single entity such as a support provider;
 (e) the community includes general market housing, and is not solely designed to provide supported accommodation services.
 (4) A parcel of land is:
 (a) for land in New South Wales:
 (i) the land that forms a parcel for the purposes of the Strata Schemes Development Act 2015 (NSW); or
 (ii) the land that forms a community parcel, neighbourhood parcel of precinct parcel for the purposes of the Community Land Development Act 1989 (NSW); or
 (iii) for land not covered by subparagraph (i) or (ii)—the land covered by a