Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Part 4 Miscellaneous
52 No subdivision of boarding houses
A consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.
53 Review of Policy
The Minister must ensure that the provisions of this Policy are reviewed:(a) as soon as practicable after the first anniversary of the commencement of this Policy, and(b) at least every 5 years after that commencement.
54 Savings and transitional provisions
(1) If a development application has been made before the commencement of this clause in relation to development to which this Policy applies and the application has not been finally determined before that commencement, the application may be determined as if this Policy had not been made.(2) Despite subclause (1), a development application that has been made under State Environmental Planning Policy No 10—Retention of Low-Cost Rental Accommodation before the repeal of that Policy and not finally determined must be determined:(a) if the application is for development has been referred to the Director-General for concurrence under clause 7 of that Policy—in accordance with this Policy except that the prior concurrence of the Director-General is required before consent can be granted to the development application, and(b) in any other case—in accordance with this Policy.(3) Anything done by Housing NSW or the Department of Human Services under clause 16 or 63D (3) of State Environmental Planning Policy (Infrastructure) 2007 in respect of development for a purpose referred to in clause 40 (1) (a) of this Policy is taken to have been done in respect of that development by the Land and Housing Corporation under clause 40 of this Policy.
54A Savings and transitional provisions—2011 amendment
(1) Division 1 of Part 2, as in force before its amendment by State Environmental Planning Policy Amendment (Affordable Rental Housing) 2011 (the amending SEPP), continues to apply to development, if:(a) the land on which the development is situated is owned by the Land and Housing Corporation and was owned by that Corporation immediately before the amendment, and(b) the development is commenced not later than 2 years after the amendment.(2) If a development application (an existing application) has been made before the commencement of the amending SEPP in relation to development to which this SEPP applied before that commencement, the application may be determined as if the amending SEPP had not been made.(3) If an existing application relates to development to which Division 1 or 3 of Part 2 applied, the consent authority must not consent to the development unless it has taken into consideration whether the design of the development is compatible with the character of the local area.(4) Despite subclause (2), clause 13 (2) (as in force before the amendments made by the amending SEPP) does not apply to development the subject of an existing application and any such application is to be determined by applying instead clause 13 (2) and (3) as inserted by the amending SEPP.
54B Savings and transitional provisions—2013 amendment
(1) This clause applies to a development application that was made before the commencement of the amending SEPP and was not determined by a consent authority or, if appealed, not finally determined by a court before that commencement.(2) The application must be determined:(a) by applying clause 5 as amended by the amending SEPP, and(b) by applying all other provisions of this Policy as if the amending SEPP had not commenced.(3) In this clause, the amending SEPP means State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development) 2013.
56 Savings and transitional provisions—site compatibility amendments
Clause 36, as amended by State Environmental Planning Policy (Repeal of Site Compatibility Provisions) 2011, applies to a development application for development to which Division 5 of Part 2 applies that was made, but not determined, before the commencement of the amendments.