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Environmental Planning and Assessment Act 1979 No 203
Historical version for 9 June 2009 to 30 June 2009 (accessed 6 August 2020 at 06:25) Current version
94F Conditions requiring land or contributions for affordable housing
(1) This section applies with respect to a development application for consent to carry out development within an area if a State environmental planning policy identifies that there is a need for affordable housing within the area and:(a) the consent authority is satisfied that the proposed development will or is likely to reduce the availability of affordable housing within the area, or(b) the consent authority is satisfied that the proposed development will create a need for affordable housing within the area, or(c) the proposed development is allowed only because of the initial zoning of a site, or the rezoning of a site, or(d) the regulations provide for this section to apply to the application.(2) Subject to subsection (3), the consent authority may grant consent to a development application to which this section applies subject to a condition requiring:(a) the dedication of part of the land, or other land of the applicant, free of cost to be used for the purpose of providing affordable housing, oror both.(b) the payment of a monetary contribution to be used for the purpose of providing affordable housing,(3) A condition may be imposed under this section only if:(a) the condition complies with all relevant requirements made by a State environmental planning policy with respect to the imposition of conditions under this section, and(b) the condition is authorised to be imposed by a regional environmental plan or local environmental plan, and is in accordance with a scheme for dedications or contributions set out in or adopted by such a plan, and(c) the condition requires a reasonable dedication or contribution, having regard to the following:(i) the extent of the need in the area for affordable housing,(ii) the scale of the proposed development,(iii) any other dedication or contribution required to be made by the applicant under this section or section 94.(4) A consent authority that proposes to impose a condition in accordance with this section must take into consideration any land or other sum of money that the applicant has previously dedicated free of cost, or previously paid, for the purpose of affordable housing within the area otherwise than as a condition of a consent.(5) Nothing in this section prevents the imposition on a development consent of other conditions relating to the provision, maintenance or retention of affordable housing. Such conditions may require, but are not restricted to, the imposition of covenants (including positive covenants) or the entering into of contractual or other arrangements.(6) A condition is not to be imposed under this section in relation to development that is within a special contributions area (within the meaning of Division 6).