Sydney Regional Environmental Plan No 26—City West (Amendment No 4—Affordable Housing) (1995-106) [GG No 23 of 3.3.1995] (NSW)

1995—No. 106

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

SYDNEY REGIONAL ENVIRONMENTAL PLAN No. 26—CITY

WEST (AMENDMENT No. 4—AFFORDABLE HOUSING)

NEW SOUTH WALES

[Published in Gazette No. 23 of 3 March 1995]

I, the Minister for Planning, in pursuance of section 51 of the Environmental Planning and Assessment Act 1979, make the regional

environmental plan set out below.

ROBERT WEBSTER MLC

Minister for Planning.

Sydney, 1 March 1995.

PART 1—INTRODUCTION

Title

1. This Plan may be called Sydney Regional Environmental Plan No. 26—City West (Amendment No. 4—Affordable Housing).

Area covered by this plan

2. This plan applies to the land in the Ultimo-Pyrmont Precinct which

is part of City West in the Sydney Region and is the land indicated by heavy black edging on Sheet 1 of the Map marked “Sydney Regional Environmental Plan No. 26—City West. Map 2” deposited in the head office of the Department of Planning.

1995—No. 106

Aim of this plan

3. The aim of this plan is to maintain a socially diverse residential

Pyrmont Precinct of City West by ensuring that housing for very low, low

and moderate income households is provided within that Precinct.

That aim is directed at achieving the objects of the Environmental

population representative of all income groups within the Ultimo- encouraging:

(a)

the proper management, development and conservation of natural

and man-made resources, including cities, for the purpose of

promoting the social and economic welfare of the community and

a better environment; and

(b)

the promotion and co-ordination of orderly and economic use and development of land; and

(c) the provision of land for public purposes.

This plan is also directed at protecting, improving and utilising, to the best advantage, the environment.

PART 2—AMENDMENTS

Amendment of Sydney Regional Environmental Plan No. 26—City

West

4. Sydney Regional Environmental Plan No. 26—City West is

amended:

(a) by inserting after Part 3 the following Part:

PART 4—AFFORDABLE HOUSING IN THE

ULTIMO-PYRMONT PRECINCT

What are “affordable housing”, the “Affordable Housing

Program” and “total floor area”?

55. In this Part, “affordable housing” means rented housing

occupied by very low, low and moderate income households provided and managed under the Affordable Housing Program in accordance with the affordable housing principles.

The gross incomes of such households fall within the following

ranges of percentages of the median household income for the

time being for the Sydney Statistical Division 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 ......................................... 80–120%

1995—No. 106

In this Part, “Affordable Housing Program” means an official

provision and management of affordable housing in the Ultimo-	program, as adopted by the Minister from time to time, for the principles. Copies of the program are available from the
Department of Planning’s Head Office.
In this Part, “total floor area” means the total of the areas of each floor of a building. The area of each such floor is taken to be the area within the outer face of the external enclosing walls, but excluding:

• columns, fin walls, sun control devices, awnings and other

elements, projections or works outside the general lines of the

outer face of the external walls (other than balconies); and

•

ancillary car parking required by the consent authority and any

associated internal vehicular and pedestrian access to that car

parking; and

• space for the loading and unloading of goods.

What are the affordable housing principles?

56. For the purposes of this Part, the “affordable housing

principles” are as follows:

1. Affordable housing is to be created and managed in the

Ultimo-Pyrmont Precinct so that a socially diverse

residential population representative of all income groups

is maintained within that Precinct.

2. Affordable housing is to be made available to a mix of

very low, low and moderate income households.

3. Affordable housing is to be rented to appropriately qualified tenants and at an appropriate rate of gross household income.

4.   Buildings provided for affordable housing are to be managed so as to maintain their continued use for

affordable housing.

5.   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 in the Ultimo-Pyrmont Precinct.

1995—No. 106

6. Affordable housing is to consist of dwellings constructed to a standard which, in the opinion of the consent

authority, is consistent with other dwellings within the

Ultimo-Pyrmont Precinct and having an average total floor

area of not less than 100 square metres.

Matters for consideration by consent authority

57. Before granting consent to any proposed development of land in the Residential or Residential-Business Zone within the Ultimo-Pyrmont Precinct, the consent authority must take into consideration the planning principles for City West and for the Ultimo-Pyrmont Precinct, the affordable housing principles and the following:

• the need for development to provide different kinds of housing, including affordable housing, to ensure that very low, low and moderate income households may continue to afford to live in City West;

• the impact of the proposed development on the existing housing within the Ultimo-Pyrmont Precinct for very low, low and moderate income households;

• the impact of the proposed development on the existing mix and likely future mix of residential housing stock within City West.

Inclusion of affordable housing in development

58. 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 be satisfied that not less than the following amount of the total floor area to which the development application relates will be used for the purpose of affordable housing in accordance with the affordable housing principles and the Affordable Housing Program:

• 0.8% of so much of that total floor area as is intended to be

used exclusively for residential purposes; and

• 1.1% of so much of that total floor area as is not intended to

be used exclusively for residential purposes; and

• if the percentage required to be provided would be insufficient to provide complete dwellings, such extra amount of that total floor area as may be necessary to provide complete dwellings

each with a total floor area of at least 100 square metres.

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It does not matter whether the area concerned was in existence before, or is created after, the commencement of this Part, or

whether or not the area concerned replaces a previously existing

area.

Contribution of money an alternative to including affordable housing in development

59. Clause 58 does not require the provision of affordable

housing if the consent authority is satisfied that:

•

a monetary contribution has been or will be provided, by or on behalf of the applicant for development consent, for use in the Ultimo-Pyrmont Precinct for the purpose of providing

affordable housing in accordance with the affordable housing

principles; and

•

the amount of the contribution has been calculated in

accordance with this clause as equivalent to the value of the total floor area that would otherwise be required by clause 58 to be provided for use for affordable housing, except any extra

amount of area included to provide complete dwellings in

accordance with that clause.

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 this clause for use for affordable housing.

Conditions of development consent to give effect to this Part

60. The consent authority for the carrying out of development (other than subdivision) on land in the Residential or Residential- Business Zone within the Ultimo-Pyrmont Precinct may impose conditions on any consent for such development for the purpose

of giving effect to this Part.

In particular, any such condition may be imposed to ensure that

any affordable housing that is to be provided under clause 58 is

provided in accordance with the affordable housing principles or

that any contribution that is to be provided under clause 59 is so

provided.

Provision of affordable housing where subsequent development occurs

61. A percentage of the total floor area to which a development

application relates is not required by clause 58 to be provided for

use for the purpose of affordable housing if the consent authority

is satisfied that:

1995—No. 106

•

the total floor area is the same as or, because of redevelopment

of a site, will replace an equivalent area that was the subject of

a former development application granted after the

commencement of this Part; and

• the same percentage of that total floor area has already been provided for use for affordable housing as required by clause

58 or a contribution has already been paid in relation to that

total floor area as allowed by clause 59.

Development excepted from this Part

62. Clause 58 does not apply to the following development (or

to so much of any mixed development that consists of the

following development):

• development for the purpose of public housing; or

• development for the purpose of affordable housing; or

• development for the purpose of community facilities; or

• development for residential purposes that will result in the

creation of less than 200 square metres of total floor area; or

• development for non-residential purposes that will result in the

creation of less than 60 square metres of total floor area; or

• development for the purpose of a public road, a light rail or railway undertaking or a public utility undertaking or facility, and no other purpose.

(b) by omitting from Schedule 1 the definition of “Affordable

housing” and by inserting instead the following definition:

Affordable housing has the meaning given to that expression in Part 4