New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009

- Made under the Environmental Planning and Assessment Act 1979
- As at 18 June 2019
- Reg 364 of 2009

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Policy
   2.      Commencement
   3.      Aims of Policy
   4.      Interpretation--general
   5.      Interpretation--references to equivalent land use zones
   6.      Affordable housing
   7.      Land to which Policy applies
   8.      Relationship with other environmental planning instruments
   9.      Suspension of covenants, agreements and instruments

   PART 2 - NEW AFFORDABLE RENTAL HOUSING

           Division 1 - In-fill affordable housing

   10.     Development to which Division applies
           11, 12. (Repealed)
   13.     Floor space ratios
   14.     Standards that cannot be used to refuse consent
   15.     Design requirements
   16.     Continued application of SEPP 65
   16A.    Character of local area
   17.     Must be used for affordable housing for 10 years
   18.     Subdivision

           Division 2 - Secondary dwellings

   19.     Definition
   20.     Land to which Division applies
   21.     Development to which Division applies
   22.     Development may be carried out with consent
   23.     Complying development
   24.     No subdivision

           Division 3 - Boarding houses

   25.     Definition
   26.     Land to which Division applies
   27.     Development to which Division applies
   28.     Development may be carried out with consent
   29.     Standards that cannot be used to refuse consent
   30.     Standards for boarding houses
   30AA.   Boarding houses in Zone R2 Low Density Residential
   30A.    Character of local area

           Division 4 - Supportive accommodation

   31.     Land to which Division applies
   32.     Development to which Division applies
   33.     Development may be carried out without consent

           Division 5 - Residential flat buildings--social housing providers, public authorities and joint ventures

   34.     Land to which Division applies
   35.     Development to which Division applies
   36.     Development may be carried out with consent
   37.     Site compatibility certificates
   38.     Must be used for affordable housing for 10 years
   39.     Continued application of SEPP 65

           Division 6 - Residential development--Land and Housing Corporation

   40.     Development may be carried out without consent
   41.     Exempt development

           Division 7 - Group homes

   42.     Definitions
   43.     Development in prescribed zones
   44.     Exempt development existing group homes
   45.     Complying development--group homes
   46.     Determination of development applications

           Division 8 - Complying development on certain land--secondary dwellings and group homes

   46A.    Application
   46B.    Development standards for bush fire prone land
   46C.    Development standards for flood control lots
   46D.    Development standards for land near Siding Spring Observatory

   PART 3 - RETENTION OF EXISTING AFFORDABLE RENTAL HOUSING
   Note

   47.     Interpretation
   48.     Land to which Part applies
   49.     Buildings to which Part applies
   50.     Reduction of availability of affordable housing
   51.     Contributions for affordable housing

   PART 4 - MISCELLANEOUS

   52.     No subdivision of boarding houses
   53.     Review of Policy
   54.     Savings and transitional provisions
   54A.    Savings and transitional provisions--2011 amendment
   54B.    Savings and transitional provisions--2013 amendment
   54C.    Savings and transitional provisions--2019 amendment
   55.     Repeal
   56.     Savings and transitional provisions--site compatibility amendments
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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