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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 20 November 2017 at 05:05)
Part 4 Division 6A
Division 6A Conditions requiring land or contributions for affordable housing
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, or
(b)  the payment of a monetary contribution to be used for the purpose of providing affordable housing,
or both.
(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 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) if a determination under section 94EE that applies to the area identifies affordable housing as a class of infrastructure for which development contributions may be required in accordance with the determination.
94G   Provision of affordable housing
(1)  Land dedicated in accordance with a condition imposed under this Division must:
(a)  be made available by the consent authority for the purposes of affordable housing within a reasonable time, or
(b)  be transferred by the consent authority in accordance with any applicable direction under subsection (3).
(2)  A consent authority must:
(a)  hold any monetary contribution paid in accordance with a condition imposed under this Division (and any additional amount earned from its investment) for the purpose for which the payment was required and apply the money for the purposes of affordable housing in the area or an adjoining area within a reasonable time, or
(b)  pay the monetary contribution in accordance with any applicable direction under subsection (3).
(3)  The Minister may give a direction, that applies generally or in any particular case or class of cases, to a consent authority:
(a)  requiring it to transfer land to a person nominated by the Minister, if it imposes a condition under this Division requiring dedication of the land, or
(b)  requiring it to pay a monetary contribution to a person nominated by the Minister, if it imposes a condition under this Division requiring the payment of the monetary contribution.
(4)  A person nominated under this section by the Minister must:
(a)  make available any land transferred to the person under this Division for the purposes of affordable housing within a reasonable time, and
(b)  apply any monetary contribution paid to the person under this Division (and any additional amount earned from its investment) for the purposes of affordable housing in the area concerned or in an adjoining area within a reasonable time.