State Environmental Planning Policy (Affordable Rental Housing) 2009
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.