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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 18 December 2017 at 04:47)
Part 2 Division 1
Division 1 In-fill affordable housing
10   Development to which Division applies
(1)  This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:
(a)  the development concerned is permitted with consent under another environmental planning instrument, and
(b)  the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.
(2)  Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.
(3)  Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.
11, 12   (Repealed)
13   Floor space ratios
(1)  This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.
(2)  The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:
(a)  if the existing maximum floor space ratio is 2.5:1 or less:
(i)  0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii)  Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:
AH is the percentage of the gross floor area of the development that is used for affordable housing.
Y = AH ÷ 100
or
(b)  if the existing maximum floor space ratio is greater than 2.5:1:
(i)  20 per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or
(ii)  Z per cent of the existing maximum floor space ratio—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:
AH is the percentage of the gross floor area of the development that is used for affordable housing.
Z = AH ÷ 2.5
(3)  In this clause, gross floor area does not include any car parking (including any area used for car parking).
Note.
 Other areas are also excluded from the gross floor area, see the definition of gross floor area contained in the standard instrument under the Standard Instrument (Local Environmental Plans) Order 2006.
14   Standards that cannot be used to refuse consent
(1) Site and solar access requirements A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
(a)    (Repealed)
(b)  site areaif the site area on which it is proposed to carry out the development is at least 450 square metres,
(c)  landscaped areaif:
(i)  in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or
(ii)  in any other case—at least 30 per cent of the site area is to be landscaped,
(d)  deep soil zonesif, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:
(i)  there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and
(ii)  each area forming part of the deep soil zone has a minimum dimension of 3 metres, and
(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,
(e)  solar accessif living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.
(2) General A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
(a)  parkingif:
(i)  in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or
(ii)  in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,
(b)  dwelling sizeif each dwelling has a gross floor area of at least:
(i)  35 square metres in the case of a bedsitter or studio, or
(ii)  50 square metres in the case of a dwelling having 1 bedroom, or
(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or
(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.
(3)  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).
15   Design requirements
(1)  A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.
(2)  This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies.
16   Continued application of SEPP 65
Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.
16A   Character of local area
A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.
17   Must be used for affordable housing for 10 years
(1)  A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:
(a)  for 10 years from the date of the issue of the occupation certificate:
(i)  the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and
(ii)  all accommodation that is used for affordable housing will be managed by a registered community housing provider, and
(b)  a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.
(2)  Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.
18   Subdivision
Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.