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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 24 October 2017 at 02:21)
Part 2 Division 5
Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures
34   Land to which Division applies
This Division applies to the following land, but not if development for the purposes of a residential flat building is permissible on the land under another environmental planning instrument:
(a)  land in the Sydney region that is within 800 metres of:
(i)  a public entrance to a railway station or light rail station, or
(ii)  in the case of a light rail station with no entrance—a platform of the light rail station,
(b)  land in one of the following towns that is within 400 metres of land in Zone B3 Commercial Core, Zone B4 Mixed Use or a land use zone that is equivalent to either of those zones:
Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong, Wollongong.
35   Development to which Division applies
(1)  This Division applies to development, on land to which this Division applies, for the purposes of a residential flat building:
(a)  by or on behalf of a public authority or social housing provider, or
(b)  by a person who is undertaking the development with the Land and Housing Corporation.
(2)  Despite subclause (1), this Division does not apply to development to which Division 1 applies.
36   Development may be carried out with consent
(1)  Development to which this Division applies may be carried out with consent.
(2)  A consent authority must not consent to development to which this Division applies unless it is satisfied that:
(a)  the Director-General has certified in a site compatibility certificate that, in the Director-General’s opinion, the development is compatible with the surrounding land uses, and
(b)  if the development is in respect of a building on land zoned primarily for commercial purposes, no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.
(3)  Nothing in this clause prevents a consent authority from:
(a)  consenting to development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or
(b)  refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the development with the surrounding land uses, or
(c)  having regard to any other matter in determining a development application.
(3A)    (Repealed)
(4)  Car parking is not required to be provided in relation to development to which this Division applies.
37   Site compatibility certificates
(1)  An application for a site compatibility certificate under this Division may be made to the Director-General:
(a)  by the owner of the land on which the development is proposed to be carried out, or
(b)  by any other person with the consent of the owner of that land.
(2)  An application under this clause:
(a)  must be in writing in a form approved by the Director-General, and
(b)  must be accompanied by such documents and information as the Director-General may require, and
(c)  must be accompanied by such fee, if any, as is prescribed by the regulations.
(3)  The Director-General may request further documents and information to be furnished in connection with an application under this clause.
(4)  Within 7 days after the application is made, the Director-General must provide a copy of the application to the council for the area in which the development concerned is proposed to be carried out, unless the Director-General refuses, before those 7 days have elapsed, to issue a certificate.
(5)  The Director-General may determine the application by issuing a certificate or refusing to do so.
(6)  The Director-General must not issue a certificate unless the Director-General:
(a)  has taken into account any comments received from the council within 14 days after the application for the certificate was made, and
(b)  is of the opinion that the development concerned is compatible with the surrounding land uses having regard to the following matters:
(i)  the existing uses and approved uses of land in the vicinity of the development,
(ii)  the impact that the development (including its bulk and scale) is likely to have on the existing uses, approved uses and uses that, in the opinion of the Director-General, are likely to be the preferred future uses of that land,
(iii)  the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c)  is of the opinion that the development concerned is not likely to have an adverse effect on the environment and does not cause any unacceptable environmental risks to the land.
(7)  A certificate may certify that the development to which it relates is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
(8)  A certificate continues to apply to the land in respect of which it was issued despite any change in the ownership of that land.
(9)  A certificate is valid for 5 years or such other period specified in the certificate.
38   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)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the 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 for 10 years from the date of the issue of the occupation certificate:
(i)  at least 50 per cent of the accommodation to which the development application relates will be used for the purposes of affordable housing, and
(ii)  all the accommodation that is used for affordable housing will be managed by a registered community housing provider.
(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.
39   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.