State Environmental Planning Policy Amendment (Affordable Housing) 2018 (2018-155) LW 20 April 2018 (NSW)

New South Wales

State Environmental Planning Policy

Amendment (Affordable Housing) 2018

under the

Environmental Planning and Assessment Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy Amendment (Affordable

Housing) 2018

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy Amendment (Affordable

Housing) 2018.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

Schedule 1

Amendment of State Environmental Planning

Policy No 70—Affordable Housing (Revised

Schemes)

[1]      Clause 3 Aims of Policy

Omit clause 3 (1).

[2]      Clause 3 (2) (a)

Omit “the local government areas within which that land is situated”.

Insert instead “certain local government areas”.

[3]      Clause 7 Relationship to other environmental planning instruments

Omit “section 36 (4)”. Insert instead “section 3.28 (4)”.

[4]      Clause 8 Definition of “affordable housing”

Omit “section 4 (1)”. Insert instead “section “1.4 (1)”.

[5]      Clause 9

Omit the clause. Insert instead:

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.

[6]      Clause 10 Requirement for imposition of section 7.32 conditions

Omit “section 94F (3) (a)” and “section 94F”.

Insert instead “section 7.32 (3) (a)” and “section 7.32” respectively.

[7] Schedule 2 Affordable housing principles

Omit “section 94F (1) (a), (b), (c) or (d)” from item 1.

Insert instead “section 7.32 (1) (a), (b), (c) or (d)”.

[8]      Schedule 2, item 1

Omit “regional environmental plan”.

Insert instead “State environmental planning policy”.