State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes) (2002 EPI 337)

2   Commencement
This Policy commences on 1 June 2002.
3   Aims of Policy
(1)    (Repealed)
(2)  This Policy:
(a)  identifies that there is a need for affordable housing in certain local government areas, and
(b)  describes the kinds of households for which affordable housing may be provided, and
(c)  makes a requirement with respect to the imposition of conditions relating to the provision of affordable housing.
cl 3: Am 2018 (155), Sch 1 [1] [2].
4   Definitions
In this Policy:
Greater Metropolitan Region means the land declared to be the Greater Metropolitan Region by order published in Government Gazette No 142 of 11 October 1991 at page 8758.
5   Application of Policy
This Policy applies only to a development application made after the commencement of this Policy.
6   Land to which Policy applies
This Policy applies to land within the Greater Metropolitan Region.
7   Relationship to other environmental planning instruments
(1)  If any other environmental planning instrument, whether made before or after this Policy, contains provisions that are inconsistent with this Policy, this Policy prevails to the extent of the inconsistency, subject to section 3.28 (4) of the Act.
(2)    (Repealed)
cl 7: Am 2009 (364), Sch 3.3 [1]; 2018 (155), Sch 1 [3].
8   Definition of “affordable housing”
For the purposes of the definition of affordable housing in section “1.4 (1) of the Act, very low income households, low income households and moderate income households are those whose gross incomes fall within the following ranges of percentages of the median household income for the time being for the Greater Sydney (Greater Capital City Statistical Area) according to the Australian Bureau of Statistics:
Very low income household
less than 50%
Low income household
50 or more but less than 80%
Moderate income household
cl 8: Am 2017 (270), Sch 3; 2018 (155), Sch 1 [4].
9   Identification of need for affordable housing
Pursuant to section 7.32 (1) of the Act, this Policy identifies that there is a need for affordable housing in each of the following local government areas within the Greater Metropolitan Region:
(a)  Canada Bay,
(b)  City of Randwick,
(c)  City of Ryde,
(d)  City of Sydney,
(e)  City of Willoughby,
(f)  Inner West,
(g)  Northern Beaches.
cl 9: Subst 2018 (155), Sch 1 [5].
10   Requirement for imposition of section 7.32 conditions
Pursuant to section 7.32 (3) (a) of the Act, the following requirement is prescribed with respect to the imposition of conditions under section 7.32 of the Act on development consents:
A consent authority is to have regard to the affordable housing principles set out in Schedule 2 before imposing such a condition.
cl 10: Am 2018 (155), Sch 1 [6].
Schedule 1 (Repealed)
sch 1: Rep 2009 (364), Sch 3.3 [5].
Schedule 2 Affordable housing principles
(Clause 10)
Where any of the circumstances described in section 7.32 (1) (a), (b), (c) or (d) of the Act occur, and a State environmental planning policy or local environmental plan authorises an affordable housing condition to be imposed, such a condition should be imposed so that mixed and balanced communities are created.
Affordable housing is to be created and managed so that a socially diverse residential population representative of all income groups is developed and maintained in a locality.
Affordable housing is to be made available to a mix of very low, low and moderate income households.
Affordable housing is to be rented to appropriately qualified tenants and at an appropriate rate of gross household income.
Land provided for affordable housing is to be used for the purpose of the provision of affordable housing.
Buildings provided for affordable housing are to be managed so as to maintain their continued use for affordable housing.
Rental from affordable housing, after deduction of normal landlord’s expenses (including management and maintenance costs and all rates and taxes payable in connection with the dwellings), is generally to be used for the purpose of improving or replacing affordable housing or for providing additional affordable housing.
Affordable housing is to consist of dwellings constructed to a standard that, in the opinion of the consent authority, is consistent with other dwellings in the vicinity.
sch 2: Am 2018 (155), Sch 1 [7] [8].