State Environmental Planning Policy (Affordable Rental Housing) 2009
Part 1 Preliminary
1 Name of Policy
(1) Except as provided by subclause (2), this Policy commences on the day on which it is published on the NSW legislation website.(2) Schedules 3.2 –, 3.3 –, 3.4, 3.11 – and 3.14 commence on the commencement of Schedule 3.1  to the Environmental Planning and Assessment Amendment Act 2008.
3 Aims of Policy
The aims of this Policy are as follows—(a) to provide a consistent planning regime for the provision of affordable rental housing,(b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,(c) to facilitate the retention and mitigate the loss of existing affordable rental housing,(d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,(e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing,(f) to support local business centres by providing affordable rental housing for workers close to places of work,(g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.
(1) In this Policy—accessible area means land that is within—(a) 800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or(b) 400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or(c) 400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.battle-axe lot means a lot that has access to a road by an access laneway.boarding room means a room or suite of rooms within a boarding house occupied or so constructed or adapted as to be capable of being occupied by one or more lodgers.consent—(a) when used in relation to the carrying out of development without consent, means development consent and any other type of consent, licence, permission, approval or authorisation that is required by or under an environmental planning instrument, and(b) when used in any other context, means development consent.Note.As a result of paragraph (a) of the definition of consent, development that this Policy provides may be carried out without development consent may also be carried out without any other consent, licence, permission, approval or authorisation that would otherwise be required by another environmental planning instrument (such as an approval to remove a tree that is subject to a tree preservation order).Development that does not require consent under Part 4 of the Act and is not a project to which Part 3A of the Act applies or exempt development will be subject to the environmental assessment and approval requirements of Part 5 of the Act.development for the purposes of a secondary dwelling—see clause 19.existing maximum floor space ratio means the maximum floor space ratio permitted on the land under an environmental planning instrument or development control plan applying to the relevant land, other than this Policy or State Environmental Planning Policy No 1—Development Standards.habitable room has the same meaning as in the Building Code of Australia.Note.The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.interim heritage order has the same meaning as in the Heritage Act 1977.Land and Housing Corporation means the New South Wales Land and Housing Corporation constituted by the Housing Act 2001.National Rental Affordability Scheme has the same meaning as in the National Rental Affordability Scheme Act 2008 of the Commonwealth.registered community housing provider has the same meaning as in the Housing Act 2001.site area or site means the area of any land on which development is, or is to be, carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Policy.means any of the following—standard instrument means the standard instrument set out at the end of the Standard Instrument (Local Environmental Plans) Order 2006.State Heritage Register means the State Heritage Register under the Heritage Act 1977.supportive accommodation means the use of an existing building (being a residential flat building or boarding house) for the purposes of—(a) the long term accommodation, in a separate dwelling or boarding room, of a person (such as former homeless person) who needs support services to be provided in the building, andand it may include the use of part of the building for the purposes of supervising, or providing administrative services in respect of, such a person.(b) any services in support of such a person, including but not limited to, medical services, counselling services or education and training services,Sydney region means the region having that name declared under section 4 (6) of the Act.Note.The Sydney region means land within the following Local Government Areas—Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Blue Mountains, Botany, Burwood, Canada Bay, Camden, Campbelltown, Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby, Wollondilly, Woollahra and Wyong.the Act means the Environmental Planning and Assessment Act 1979.walking distance means the shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings.Note.The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.(2) A word or expression used in this Policy (other than Schedule 1 or 2) has the same meaning as it has in the standard instrument (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011) unless it is otherwise defined in this Policy.(3) Notes and examples included in this Policy do not form part of this Policy.
5 Interpretation—references to equivalent land use zones
(1) A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 3.20 (2) of the Act—(a) that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or(b) if no such determination has been made in respect of the particular zone, is a land use zone in which (in the opinion of the relevant authority) equivalent land uses are permitted to those permitted in that named land use zone.(2) An assessment made by a relevant authority under subclause (1) (b) applies only in respect of the particular development that is proposed to be carried out and more than one such assessment may be made in respect of the same land use zone.(2A) Despite subclause (1), in relation to land—(a) to which an environmental planning instrument that is not made as provided by section 3.20 (2) of the Act applies, anda reference in this Policy to a lot or land in a land use zone that is equivalent to a named land use zone is a reference to a lot or land specified in such a zone in the last such draft environmental planning instrument that was the subject of such community consultation.(b) to which a draft environmental planning instrument that complies with that section and that has been the subject of community consultation also applies,(2B) In subclause (2A), community consultation means community consultation under section 57 of the Act or public exhibition under section 66 of the Act (as continued on by clause 12 of the Environmental Planning and Assessment Regulation 2000).(3) In this clause, means—(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or(b) if the development is to be carried out by or on behalf of a person other than a public authority, the consent authority.Note.Land use zones that are named in this Policy are those set out in the standard instrument.
6 Affordable housing
Note.The Act defines affordable housing as follows—affordable housing means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.(1) In this Policy, a household is taken to be a very low income household, low income household or moderate income household if the household—(a) has a gross income that is less than 120 per cent of the median household income for the time being for the Greater Sydney (Greater Capital City Statistical Area) (according to the Australian Bureau of Statistics) and pays no more than 30 per cent of that gross income in rent, or(b) is eligible to occupy rental accommodation under the National Rental Affordability Scheme and pays no more rent than that which would be charged if the household were to occupy rental accommodation under that scheme.(2) In this Policy, residential development is taken to be for the purposes of affordable housing if the development is on land owned by the Land and Housing Corporation.
7 Land to which Policy applies
This Policy applies to the State.
8 Relationship with other environmental planning instruments
If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
9 Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Policy or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.(2) This clause does not apply—(a) to a covenant imposed by the Council or that the Council requires to be imposed, or(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or(g) to any planning agreement within the meaning of Division 7.1 of the Act.(3) This clause does not affect the rights or interests of any public authority under any registered instrument.(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).