1 Name of Policy
This Policy is State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).
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(1) (Repealed)(2) This Policy:(a) identifies that there is a need for affordable housing across the whole of the State, and(b) describes the kinds of households for which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]; 2019 (135), Sch 1 [1].
4 Definitions
In this Policy:Greater Sydney (Greater Capital City Statistical Area) means the area that the Australian Bureau of Statistics determines from time to time to be the Greater Sydney (Greater Capital City Statistical Area).Rest of NSW (Greater Capital City Statistical Area) means the area that the Australian Bureau of Statistics determines from time to time to be the Rest of NSW (Greater Capital City Statistical Area).the Act means the Environmental Planning and Assessment Act 1979.cl 4: Am 2019 (135), Sch 1 [2].
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 the whole of the State.cl 6: Am 2019 (135), Sch 1 [3].
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with this Policy, this Policy prevails to the extent of the inconsistency, subject to section 3.28 (4) of the Act.(2) (Repealed)cl 7: Am 2009 (364), Sch 3.3 [1]; 2018 (155), Sch 1 [3].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) or the Rest of NSW (Greater Capital City Statistical Area) according to the Australian Bureau of Statistics:
9 Identification of need for affordable housing
For the purposes of section 7.32 (1) of the Act, this Policy identifies that there is a need for affordable housing within each area of the State.cl 9: Subst 2018 (155), Sch 1 [5]; 2019 (135), 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)
1
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.
2
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.
3
Affordable housing is to be made available to very low, low or moderate income households, or any combination of these.
4
Affordable housing is to be rented to appropriately qualified tenants and at an appropriate rate of gross household income.
5
Land provided for affordable housing is to be used for the purpose of the provision of affordable housing.
6
Buildings provided for affordable housing are to be managed so as to maintain their continued use for affordable housing.
7
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.
8
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]; 2019 (135), Sch 1 [6].