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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 16 December 2017 at 16:18)
Part 2 Division 5 Clause 36
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(3A)    (Repealed)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.