58Dedication or contribution for
purpose of affordable housing
(1)
Before granting consent to the carrying out of
development (other than subdivision) on land in the Residential or
Residential-Business Zone within the Ultimo-Pyrmont Precinct, the consent
authority must consider whether an affordable housing condition should be
imposed on the consent.
(2)
The following are affordable housing
conditions:
(a)
A condition requiring the payment of a monetary
contribution to the consent authority by the applicant to be used for the
purpose of providing affordable housing in accordance with the Affordable
Housing Program that is the value, calculated in accordance with that program,
of the following total
amount:
(i)
0.8% of so much (if any) of the total floor area
to which the development application relates as is intended to be used
exclusively for residential purposes, and
(ii)
1.1% of so much (if any) of that total floor area
as is not intended to be used exclusively for residential
purposes.
(b)
If that total amount is sufficient, a condition
requiring:
(i)
the dedication in favour of the consent
authority, free of cost, of land of the applicant comprised of one or more
complete dwellings with a total floor area of not more than that total amount,
each dwelling having a total floor area of not less than 50 square metres,
and
(ii)
if the amount of total floor area of the complete
dwelling or dwellings is less than that total amount, the payment of a
monetary contribution to the consent authority by the applicant that is the
value, calculated in accordance with the Affordable Housing Program, of the
total floor area equivalent to the difference between those
amounts,
to be used for the purpose of providing affordable
housing in accordance with that program.
(3)
To remove any doubt:
(a)
it does not matter whether the floor area
concerned was in existence before, or is created after, the commencement of
this Part, or whether or not the floor area concerned replaces a previously
existing area, and
(b)
the demolition of a building, or a change in the
use of land, does not give rise to a claim for a refund of any amount that has
been contributed under an affordable housing
condition.
(4)
This clause authorises the imposition of an
affordable housing condition when a consent authority grants consent to the
carrying out of development (other than subdivision) on land in the
Residential or Residential-Business Zone within the Ultimo-Pyrmont Precinct,
subject to section 94F (3) (c) and (4) of the Act and clauses 59 and
60.
(5)
However, a consent authority is not authorised to
impose an affordable housing condition unless at least one of the
circumstances described in section 94F (1) (a)–(d) of the Act
exists.
(6)
This clause and any condition imposed under it
are subject to section 94G of the Act.
cll 55–60: Ins
3.3.1995. Subst 31.5.2002.