SDA Density Restrictions

"How many SDA participants can be accommodated in a development and in particular in a multi-unit residential building?". This is a very common question that we are asked by SDA developers and the answer is not that straightforward.

There are several factors to consider including the total number of people that can be accommodated in the building, the configuration of units/dwellings available and the particular configuration of the unit/dwelling that the SDA participant will occupy.

To break down the requirements, we need to understand the following:

1. NDIS document that discusses Density Restrictions.

The document that discusses the density requirements is the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020, ItemSubdivision C—Density restriction 

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.

2. Undersatnding words that are noted NDIS SDA Rules 2020 that deal with Density Restrictions.

a. ‘A parcel of land’ (defined under NDIS SDA rules 2020)

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 folio of the Register for the purposes of the Real Property Act 1900(NSW);
or
(b) for land in Victoria:
(i) the land covered by a registered plan for the purposes of the Subdivision Act 1988 (Vic.); or
(ii) for land not covered by subparagraph (i)—the land covered by a folio of the Register for the purposes of the Transfer of Land Act 1958 (Vic.);
or 
(c) for land in Queensland:
(i) the land covered by a mixed use scheme for the purposes of the Mixed Use Development Act 1993 (Qld); or
(ii) the land covered by a building units plan or a group titles plan for the purposes of the Building Units and Group Titles Act 1980 (Qld); or
(iii) the land covered by a community titles scheme for the purposes of the Body Corporate and Community Management Act 1997 (Qld); or
(iv) for land not covered by subparagraphs (i) to (iii)—the land that comprises a lot for the purposes of the Land Title Act 1994 (Qld);
Other rules apply for other states and territories.

b. ‘Ennrolled dwelling’
is a dwelling that complies with all the requirements of NDIS SDA which would then enable it to be enrolled with the NDIS as an SDA dwelling.

c. ‘Participant’ (defined under NDIS Act 2013)
means a person who is a participant in the National Disability Insurance Scheme. In this case the participant means a person who is funded for SDA.

d. ‘Residents’
are the total number of occupants of the entire development on a single parcel of land. Total resident numbers are determined on the assumption that one resident occupies one bedroom. This means that the number of participants with SDA in their plan intended to reside in the dwelling may be lower than the number of residents for which the dwelling is being enrolled. Example, a three bedroom apartment could have 2 participants and 1 non SDA resident.

e. ‘Intentional communities’(Defined under NDIS SDA rules 2020)
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.

3. What does 'enrolled to house 3 or more residents' mean?

The Clauses on density, permits the SDA participant numbers to be 10% or 15% of the total number of residents based on type of dwelling being enrolled (example 1 or 2 bedroom dwelling verses 3 or more bedroom dwelling). Therefore the applicable percentage is based on whether a SDA participant is going to occupy a 1 or 2 bedroom dwelling verses a 3 or more bedroom dwelling. So for example even if there are a combination of 2 and 3 bedroom units in a residential building and all the SDA participants will be occupying just the 2 bedroom unit type then a percentage of 15% will apply.

The answer derived by the applicable percentage is then compared to the max number permissible (10 or 15) and the greater number of the two is the maximum permissible density.

Want it simplified even further ?

Use our NDIS SDA Density Calculator to find the density requirement in just a few clicks.

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Disclaimer:
This calculator is based only on Vista Access Architect’s personal interpretation of density restrictions noted in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016. This calculator is not endorsed by the NDIA and users are advised to make their own inquires in regard to density directly with NDIA. Use calculator at your own risk. Vista Access Architects shall not be held liable for use of the Calculator.

'LRV Contrast' App developed by Vista Access Architects and BEZAPPS for calculating LRV (Luminance Reflectance Value) Contrast has just been judged as a finalist in the 2019 Australian Access Awards for the Educational App of the year category.

The awards are an initiative of Centre for Accessibility The role of the Centre for Accessibility is to empower the accessibility movement and encourage organisations to implement digital access when designing online resources. In 2019 they announced the inaugural Australian Access Awards, celebrating organisations that have successfully implemented accessibility in their digital campaigns or resources.

The LRV / Luminance Contrast Calculator is an easy to use educational tool, available in an online version on our website at https://www.accessarchitects.com.au/calculators and also available to download for free at the AppStore link for iphones / Apple devices and GooglePlay link for Android devices.

The majority of people who are blind or vision impaired have some vision. The purpose of the LRV Contrast App is to assist with selection of colours for building elements to enhance access to information and navigation of the built environment for people with vision impairment.

This is based on not the colour contrast but the luminance contrast which is the light reflected from one surface compared to the light reflected from another surface.

The LRV Contrast App can calculate the luminance contrast based on the LRV of a colour which is easily available from all colour/paint suppliers or on paint samples / fandecks. While the surface or paint finish also plays a role in the Luminance Contrast, it is anticipated that this App will assist with colour selections, at the design stage itself and assist as an educational tool for designers and builders.

The App has been designed to check if compliance could be met with minimum contrast requirements of building elements such as doorways, stairway nosing, toilet seats, signage and different types of Tactile Ground Surface Indicators as mandated under the NCC (Australian National Consruction Code). The formula is based on the Bowman-Sapolinski Equation as required by the NCC (National Construction Code) and Australian Standards AS1428.

It also has a feature to check for compliance with American DDA (Americans with Disabilities Act) LRV requirements.

Today has been an absolute career highlight day with the launch of the NDIS Specialist Disability Accommodation (SDA) Design Standard by the Hon Stuart Robert MP, Minister for the National Disability Insurance Scheme.

Being the lead author of the NDIS SDA Design Standard has been challenging, but also rewarding to know that it will significantly raise the bar of accommodation designed for people with disabilities.

I would like to thank everyone who provided feedback during the consultation process. But in particular I would like to thank Toni McInnes and Alison McLeod from NDIA, Bruce Bromley and Eric Martin from my technical writing team, Stuart Christie and Alex Waldren from LHA, for being an integral part of this 10 month long journey with me to develop the very first NDIS Design Standard for SDA.

SDA Design Standard is available for download from the NDIS website.

The SDA Design Standard sets out the future requirements of well designed and built form of new SDA. The NDIA recognises that new build SDA projects will be underway during this time and acknowledgment of these is important, so as to not disrupt the increase to the supply of SDA.

The NDIS SDA implementation plan sets out the timing and requirements in the lead up to the Design Standard taking full effect.

[Farah Madon receiving the 2019 Access Inclusion Award]

Farah Madon was awarded the 2019 Access Inclusion Award for being the Access Consultant for a Specialist Disability Accomodation designed by Stanton Dhal Architects which demonstrated an outstanding level of Access and Inclusion. 

The award was presented by the Australian Disability Discrimination Commissioner Dr Ben Gauntlett at the National 2019 Access Conference Dinner hosted by the Association of Consultants in Access Australia.

Farah Madon being presented with the Penrith Citizen of the Year Award by Mayor Fowler

Farah Madon was awarded the 2019 Penrith Citizen of the Year.

Below are the details as presented by Penrith City Council.

Mrs Farah Madon supports our local residents living with a disability and champions accessibility equality for all on a national level. 

Farah has dedicated herself to helping people with a disability who live, work or utilise services within the Penrith and surrounding areas. As a management commitee member of Penrith Disabilities Resource Center and Chairperson of Penrith Disabilities Action Forum she has been a key voice in advocating for and representing the needs of local residents with access needs. As a long-serving community representative member of Penrith City Council's Access Committee, Farah's knowledge has been invaluable in assisting Council to continue improving access for people of all abilities across the City.

Farah is Vice President of the Association of Consultants in Access Australia, the peak national body for access consultancy and a major partner in advancing equity of the built environment for people with a disability. Based on her thorough knowledge of the Australian Standards and the Australian Disability Discrimination Act she is also held in esteem as editor of the association's magazne, 'Access Insight'.

 Read more about the awards on https://westernweekender.com.au/2019/01/council-honours-dedicated-citizens/

Vista Access Architects have just certified a new Changing Places facility at Westfield, Blacktown NSW.

We can provide both; Pre-construction design assessment for the proposed internal layout and Certification services for your Changing Places project. Congratulations to the team at Construction Control for fantastic outcome. 

For more information visit Changing places  or Download Changing Places resource kit.

Contact us on admin@accessarchitects.com.au for your next Changing Places Project.

Vista Access Architects recently provided pro-bono Disabilty Access Consultancy services for Sunnyfield Disability Services. 

Sunnyfield is a member based, registered not-for-profit charity. Guided by their values of respect, trust, honesty and innovation, it is their mission to enrich the lives of people with intellectual disability through person-centred active support that creates choice, opportunities and skills for life.

Day to day, they deliver services for over 1800 clients, including young children, teenagers, adults and seniors with disabilities.

Everyone Can Play

I was delighted to be a part of the Advisory team, providing pro-bono advice on the new "Everyone can play" the Guidelines for desiging inclusive playgrounds, an initiative of the NSW Government. 

Every child, with or without a disability deserves the opportunity to be able to play in an inclusive environment.

These guidelines aim to achieve that and much more providing background stories, best practice design recommendations and evaluation checklists. 

A copy of the Everyone Can Play Guideline can be downloaded from HERE

Vista Access Architects were interviewed for an article "Access All Areas" by Robyn Willis of the Home magazine of the Daily Telegraph.

The aim of the article was to demonstrate that desiging for disability can deliver beautify spaces

One of our projects that received Livable Housing Platinum Level rating ( Architect Kennedy and Associates Architects) was fetaured in the article.

Vista Access Architects provided a pro-bono services for Bear Cottage which included a outdoor landscape design access audit through St. Patricks Estate designed by Marsden Architects. Bear Cottage is the only Children's hospice in NSW and is dedicated to caring for children with life-limiting conditions. Visit www.bearcottage.chw.edu.au

Farah Madon served as a Management Committee member of Penrith Disabilities Resource Center, joining PDRC as a management committee members in 2010 till 2019.

PDRC is funded by the Ageing, Disability and Home Care, Department of Human Services, (ADHC) to resource and support people with disabilities who live, work in, and/or utilise services based in the Penrith Local Government Area and/or surrounding areas. The service caters for the needs of people with all types of disabilities.

PDRC provides regional Advocacy, Information and Referral Service for people with all types of disabilities, their families, carers, advocates and other service providers.

Farah Madon has served as a Community representative of Penrith City Council's Access Committee since 2010. 

The Access Committee is a formal committee of Council which provides advice to Council about access issues and promotes the inclusion of people with a disability as full members of the community. The Committee provides accessibility related feedback on major Development Applications and is also responsible for providing assistance to Council in the development of the Penrith Disability Inclusion Action Plan (DIAP) 2017-2021. The DIAP will steer Council’s actions to make Penrith City more accessible and inclusive for everyone, including people with disability, over the next five years.

Farah Madon has been a puppy raiser for Guide dogs NSW.

At eight weeks of age, Guide Dog puppies are placed in the community with volunteer Puppy Raisers. These families or individuals ensure that the new recruits get the best possible care, in a loving home environment. Puppy Raising is a 12 month commitment in which raisers are responsible for feeding and grooming, exercising their puppy daily, taking their puppy to Puppy Pre-School and socialisation days and teaching their puppy basic obedience skills like sit, stay and drop. If you would like to be a puppy raiser please contact Guide Dogs NSW

Women’s Community Shelters works with communities to establish new shelters, which provide short term emergency accommodation and support in a safe environment that enables homeless women to rebuild self-esteem and achieve control and fulfilment of their lives.

Vista Access Architects provided pro-bono Disability Access Services for the shelter in Penrith called "The Haven". 

Macarthur Diversity Services Initiative (MDSI) is a not for profit charity based in Campbelltown for over 30 years. MDSI primarily works with migrant and refugee communities in the outer South West of Sydney. As a charity they also work with the most disadvantaged and marginalised mainstream communities throughout the Macarthur region. MDSI believes in a world where people matter, communities are connected and everyone is accepted.

Vista Access Architects provided pro-bono Disability Access Services for two projects for Macarther Diversity Services.

Grace’s Place - An initiative of Homicide Victims Support Group (HVSG) will provide support in a safe place where children, teenagers and their families grieving the death of someone they love through homicide, can share their experiences, receive counselling, be involved in therapeutic programs and learn life skills on how to survive the trauma without their loved one.

Vista Access Architects is providing pro-bono Disability Access Services for this project. As Access Consultants on the project, our focus has been to provide a high level of accessibility and inclusion from the concept design stage.

Nepean Disability Organisation (NADO) is a community-based charity and a Community Housing provider that supports people with disabilities, their families and carers in Western Sydney, including the Hawkesbury, Blue Mountains, Penrith suburbs and surrounding areas. NADO raises awareness of the rights, needs and abilities of people living with disabilities so that individuals can actively participate in the community and achieve their full potential.

Vista Access Architects provides pro-bono Disability Access related services on on-going NADO projects.

Luke Priddis Foundation aims to improve the lives of children with ASD (Autism Spectrum Disorders). They provide services to help kids with ASD learn vital skills like how to talk, read, write, draw, and even how to play with other children. These skills give them a better chance at independence as they grow up.

Vista Access Architects provided pro-bono access consulting services and design input which included provision of an Adult size change table facility, a new lift and general accessibility through-out the facility.

Hearing Augmentation is required where an inbuilt amplification system is proposed in the following areas: 

• a Class 9b building like an assembly building or school; or
• in an auditorium, conference room, meeting room or room for judicatory purposes; or
• at a ticket office, teller's booth, reception area where the public is screened from the service provider.

Also any screen or scoreboard associated with a Class 9b building capable of displaying public announcements must be capable of supplementing any public address system, other than a public address sytem used for emergency warning purposes only.

Options for hearing augmentation include,

• an induction loop to minimum 80% of the floor area served by the inbuilt amplification system; or
• a system requiring use of receivers to a minimum of 95% of the floor area served by the inbuilt amplification system. The BCA lists the number of receivers to be provided for this system based on room occupancy.

Vista Access Architect's website has a FREE CALCULATOR FOR RECEIVERS to comply with the requirements of BCA 2016.

Additional information on Hearing Augmentation is provided in AS1428.5 - Design for access and mobility - Communication for people who are deaf or hearing impaired

Vista Access Architects receives regular inquires as to requirements for Accessible Car parking spaces for Class 3 developments such as Hotels, Motels, Group homes, Hostels etc.

The number of Accessible Car parking spaces for Class 3 developments depends on:
- The total number of the Car parking spaces provided in the development;
- The total number of SOUs (Sole occupancy units/ bedrooms) and
- The total number of Accessible Bedrooms as determined by BCA Table D3.1.

The calculations involve determining the Accessible SOU numbers through the BCA Table D3.1 and then multipying the total number of Car parking spaces by the percentage of the Accessible
SOUs/ Bedrooms to the total number of SOUs/ Bedrooms, with the answer taken to the next whole
figure.

Vista Access Architect's website offers a FREE Class 3 Accessible SOUs and Accessible Parking Calculator to simplify the process. Just enter the total number of SOUs/ Bedroom and the total number of Car parking spaces provided and the
Calculator will display the requirements for both, Accessible SOUs/ Bedrooms as well as the Accessible Car Parking spaces as required by the BCA 2016 for your project.

Contact us for the Accessibility requirements of your next project on admin@accessarchitects.com.au

You can also upload some preliminary drawings for your project to request an obligation free Fee Proposal from our website's CONTACT page.