State Environmental Planning Policy (Affordable Rental Housing) 2009
40 Development may be carried out without consent
(1) This clause applies to development for any of the following purposes where that development may be carried out with consent—(a) residential development, if any building will have a height of 8.5 metres or less and the development will result in 20 dwellings or less on a single site and the provision of not less than the following parking spaces—(i) for development on land in an accessible area—0.4 parking spaces for each dwelling containing 1 bedroom, 0.5 parking spaces for each dwelling containing 2 bedrooms and 1 parking space for each dwelling containing 3 or more bedrooms, or(ii) for development that is not in an accessible area—0.5 parking spaces for each dwelling containing 1 bedroom, 1 parking space for each dwelling containing 2 bedrooms and 1.5 parking spaces for each dwelling containing 3 or more bedrooms,(b) demolition of dwellings and associated structures, but not if the dwelling or structure is on land that—(i) contains a heritage item that is identified in an environmental planning instrument or an interim heritage order or on the State Heritage Register, or(ii) is identified in an environmental planning instrument as being within a heritage conservation area,(c) subdivision of land and subdivision works.(2) This clause does not apply to—(a) development to which Division 5 applies, or(b) development that is exempt or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or(c) development that is part of a project, or part of a stage of a project, that the Minister has determined under section 75P of the Act to be subject to Part 4 of the Act.(3) Development to which this clause applies may be carried out by or on behalf of the Land and Housing Corporation without development consent.(4) Before carrying out development to which this clause applies for a purpose referred to in subclause (1) (a), the Land and Housing Corporation must—(aa) before or after giving written notice to the council for the area under this subclause, request the council to nominate any other persons who should, in the council’s opinion, be notified of the development, and(a) give written notice of the intention to carry out the development to the council for the area in which the land is located, to any other person nominated for that purpose by that council and to the occupiers of adjoining land, and(b) take into account any response to the notice that is received within 21 days after the notice is given, and(c) take into account the Seniors Living Policy: Urban Design Guidelines for Infill Development (ISBN 0 7347 5446 9) published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that it is not inconsistent with this Policy.(5) Clauses 16 and 17 of State Environmental Planning Policy (Infrastructure) 2007 apply in respect of development for a purpose referred to in subclause (1) (a) and, in the application of those clauses, any reference in those clauses to—(a) that Policy is taken to be a reference to this clause, and(b) a public authority is taken to be a reference to the Land and Housing Corporation.