New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Environmental Planning and
Assessment Amendment (Affordable
Housing Development Contributions)
Bill 2008
No , 2008
A Bill for
An Act to amend the Environmental Planning and Assessment Act 1979 with respect
to the collection of affordable housing contributions from developers; and for other
purposes.
Environmental Planning and Assessment Amendment (Affordable Housing
Clause 1 Development Contributions) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Environmental Planning and Assessment Amendment 3
(Affordable Housing Development Contributions) Act 2008. 4
2 Commencement 5
This Act commences immediately after the commencement of 6
Schedule 3.1 [6] to the Environmental Planning and Assessment 7
Amendment Act 2008. 8
3 Amendment of Environmental Planning and Assessment Act 1979 9
No 203 10
The Environmental Planning and Assessment Act 1979 is amended as 11
set out in Schedule 1. 12
4 Consequential amendment of Redfern-Waterloo Authority Act 2004 13
No 107 14
The Redfern-Waterloo Authority Act 2004 is amended as set out in 15
Schedule 2. 16
5 Consequential amendment of environmental planning instruments 17
The environmental planning instruments specified in Schedule 3 are 18
amended as set out in that Schedule. 19
6 Repeal of State Environmental Planning Policy No 70--Affordable 20
Housing (Revised Schemes) 21
State Environmental Planning Policy No 70--Affordable Housing 22
(Revised Schemes) is repealed. 23
7 Repeal of Act 24
(1) This Act is repealed on the day following the day on which this Act 25
commences. 26
(2) The repeal of this Act does not, because of the operation of section 30 27
of the Interpretation Act 1987, affect any amendment made by this Act. 28
Page 2
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning 1
and Assessment Act 1979 2
(Section 3) 3
[1] Section 4 Definitions 4
Omit the definition of affordable housing from section 4 (1). Insert instead: 5
affordable housing means housing that is intended to be supplied 6
to households: 7
(a) having disposable incomes in the lowest 40 per cent of 8
household incomes, for the time being, for the Statistical 9
Subdivision of Inner Sydney (Statistical Subdivision 10
10505), according to data published by the Australian 11
Bureau of Statistics, and 12
(b) at a rental of no more than 30 per cent of relevant tenants' 13
incomes. 14
[2] Section 80A Imposition of conditions 15
Insert at the end of the section: 16
Note. Section 116Y requires that development consent for development 17
for the purposes of a building or buildings that contain 10 or more 18
dwellings must always be subject to a condition requiring a development 19
contribution (which may involve paying money or dedicating land) to be 20
used for the purpose of providing affordable housing, if the relevant local 21
environmental plan has identified a need for affordable housing. 22
[3] Section 116C Community and public infrastructure (as proposed to be 23
inserted by Act No 36 of 2008) 24
Omit "and public services" from the definition of community infrastructure 25
in section 116C (1). 26
Insert instead ", public services and affordable housing". 27
[4] Section 116D Key considerations for development contributions (as 28
proposed to be inserted by Act No 36 of 2008) 29
Omit section 116D (b). 30
[5] Section 116I Councils limited to contributions for key community 31
infrastructure (as proposed to be inserted by Act No 36 of 2008) 32
Insert "affordable housing and other" after "being" in section 116I (1) (a). 33
[6] Section 116V Council planning agreements limited to key community 34
infrastructure (as proposed to be inserted by Act No 36 of 2008) 35
Omit the section. 36
Page 3
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
[7] Part 5B, Division 5 (as proposed to be inserted by Act No 36 of 2008) 1
Omit the Division. Insert instead: 2
Division 5 Development contributions for affordable 3
housing 4
116Y Conditions requiring land or contributions for affordable housing 5
in relation to certain multi-dwelling buildings 6
(1) A local environmental plan may identify that there is a need for 7
affordable housing within an area to which the plan applies. 8
(2) A consent authority must impose one of the following conditions 9
(as determined by the consent authority) on any development 10
consent granted by the consent authority that enables the erection 11
of a building that contains 10 or more dwellings, or buildings that 12
together contain 10 or more dwellings, in such an area: 13
(a) that the applicant for the development consent concerned 14
must pay a monetary contribution to the consent authority 15
to be used for the purpose of providing affordable housing 16
that, in the opinion of the consent authority, is equivalent 17
to or less than the value of the relevant percentage of the 18
total floor area of the proposed building or buildings that is 19
intended to be used exclusively for residential purposes 20
(excluding common property), or 21
(b) that the applicant for the development consent concerned 22
must, if the relevant percentage of that total floor area is 23
sufficient, dedicate in favour of the consent authority, free 24
of cost, land comprised of one or more complete dwellings 25
with a total floor area of at least the relevant percentage, to 26
be used for the purpose of providing affordable housing. 27
(3) If an applicant for a development application is required to 28
dedicate land under subsection (2) (b): 29
(a) comprised of only one complete dwelling--that dwelling 30
is to have a total floor area of not less than 100 square 31
metres, or 32
(b) comprised of more than one complete dwelling--the 33
dwellings are to have an average total floor area of not less 34
than 100 square metres and each of those dwellings is to 35
have a total floor area of not less than 50 square metres. 36
(4) For the avoidance of doubt, the demolition of a building, or a 37
change of use of land, does not give rise to an entitlement to a 38
refund of any amount that has been contributed under a condition 39
imposed by this section. 40
Page 4
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(5) This section does not apply to a development consent for 1
development proposed to be carried out by or on behalf of a social 2
housing provider. 3
(6) A condition may be imposed under this section only if the 4
condition is in accordance with a scheme for dedications or 5
contributions set out in or adopted by the relevant local 6
environmental plan. 7
(7) A reference in this section to the relevant percentage of the total 8
floor area of proposed development is a reference to: 9
(a) an amount equivalent to 30 per cent of the total floor area 10
of the proposed building or buildings, if the building or 11
buildings are proposed to be erected by or on behalf of a 12
public authority, or 13
(b) an amount equivalent to 25 per cent of the total floor area 14
of the proposed building or buildings, if the proposed 15
building or buildings are proposed to be erected by or on 16
behalf of a person other than a public authority. 17
(8) In determining the value of the relevant percentage of the total 18
floor area of a building or buildings for the purposes of 19
subsection (2) (a), the consent authority is to consider the most 20
recent median sales price, as documented by Housing NSW, of 21
dwellings of a similar size to the dwellings the subject of the 22
development consent. 23
(9) In this section: 24
common property means: 25
(a) common property within the meaning of the Strata 26
Schemes (Freehold Development) Act 1973 or the Strata 27
Schemes (Leasehold Development) Act 1986, or 28
(b) association property within the meaning of the Community 29
Land Development Act 1989. 30
dwelling means a room or suite of rooms occupied or used, or so 31
constructed or adapted as to be capable of being occupied or 32
used, as a separate domicile. 33
relevant percentage--see subsection (7). 34
social housing provider means any of the following: 35
(a) the New South Wales Land and Housing Corporation, 36
(b) the Office of Community Housing of Housing NSW, 37
(c) the NSW Aboriginal Housing Office, 38
Page 5
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(d) an organisation for the time being registered with the 1
Office of Community Housing, or under Part 5 of the 2
Aboriginal Housing Act 1998, 3
(e) a registered community housing provider within the 4
meaning of the Housing Act 2001 (as amended by the 5
Housing Amendment (Community Housing Providers) Act 6
2007), 7
(f) an organisation prescribed by the regulations. 8
total floor area means the sum of the areas of each floor of a 9
building that are within the outer face of the external enclosing 10
walls, excluding: 11
(a) columns, fin walls, sun control devices, awnings and other 12
elements, projections or works outside the general lines of 13
the outer face of the external walls (other than balconies), 14
and 15
(b) ancillary car parking required by the consent authority and 16
any associated internal vehicular and pedestrian access to 17
that car parking, and 18
(c) space for the loading and unloading of goods. 19
116Z Other contributions to be taken into account 20
A consent authority that proposes to impose a condition in 21
accordance with this Division must take into consideration any 22
land or other sum of money that the applicant has previously 23
dedicated free of cost, or previously paid, for the purpose of 24
affordable housing within the area otherwise than as a condition 25
of a consent. 26
116ZA Other conditions concerning affordable housing 27
This Division does not prevent the imposition on a development 28
consent of other conditions relating to the provision, maintenance 29
or retention of affordable housing. Such conditions may require, 30
but are not restricted to, the imposition of covenants (including 31
positive covenants) or the entering into of contractual or other 32
arrangements. 33
116ZB Use of affordable housing contributions 34
(1) Land dedicated in accordance with a condition imposed under 35
this Division: 36
(a) must be made available by the consent authority for the 37
purposes of affordable housing within a reasonable time, 38
or 39
Page 6
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
(b) must be transferred by the consent authority: 1
(i) if the consent authority is a council--to a social 2
housing provider or the council of an adjoining area, 3
or 4
(ii) if the consent authority is not a council--to a social 5
housing provider or the council of the area in which 6
the land is located. 7
(2) Any monetary contribution paid in accordance with a condition 8
imposed under this Division (and any additional amount earned 9
from its investment): 10
(a) must be held by the consent authority for the purpose for 11
which the payment was required and applied for the 12
purposes of affordable housing in the area or an adjoining 13
area within a reasonable time, or 14
(b) must be paid by the consent authority: 15
(i) if the consent authority is a council--to a social 16
housing provider or the council of an adjoining area, 17
or 18
(ii) if the consent authority is not a council--to a social 19
housing provider or the council of the area in which 20
the contribution is proposed to be applied for the 21
purposes of affordable housing. 22
(3) A council or social housing provider: 23
(a) must make available any land transferred to the council or 24
social housing provider under this Division for the 25
purposes of affordable housing within a reasonable time, 26
and 27
(b) must apply any monetary contribution paid to the council 28
or social housing provider under this Division (and any 29
additional amount earned from its investment) for the 30
purposes of affordable housing in the area concerned or in 31
an adjoining area within a reasonable time. 32
(4) In this section: 33
social housing provider has the same meaning as in section 34
116Y. 35
116ZBA Use of other development contributions for affordable housing 36
Despite section 116F (1), (3) and (5), a monetary contribution 37
(together with any additional amount earned from its 38
investment), or land dedicated under this Part, may be applied for 39
the purpose of affordable housing in the area concerned or an 40
Page 7
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
adjoining area even if the purpose for which the contribution or 1
land was paid or dedicated is not related to affordable housing. 2
[8] Section 157 Regulations 3
Omit section 157 (1) (e). Insert instead: 4
(e) the purposes, objectives, provision or maintenance of 5
affordable housing, including enabling the Minister by 6
order to determine matters relating to affordable housing, 7
or 8
[9] Schedule 6 Savings, transitional and other provisions 9
Insert at the end of clause 1 (1): 10
Environmental Planning and Assessment Amendment 11
(Affordable Housing Development Contributions) Act 2008 12
[10] Schedule 6 13
Insert at the end of the Schedule with appropriate Part and clause numbers: 14
Part Environmental Planning and Assessment 15
Amendment (Affordable Housing 16
Development Contributions) Act 2008 17
Definition 18
In this Part: 19
amending Act means the Environmental Planning and 20
Assessment Amendment (Affordable Housing Development 21
Contributions) Act 2008. 22
Application of new provisions to development applications and 23
contributions 24
(1) Section 94F, as in force immediately before the commencement 25
of Schedule 3.1 [6] to the Environmental Planning and 26
Assessment Amendment Act 2008 continues to apply to a 27
development application lodged, but not finally determined, 28
before the repeal of that section by that Act. 29
(2) For this purpose, a reference in section 94F: 30
(a) to a State environmental planning policy is taken to be a 31
reference to State Environmental Planning Policy No 70-- 32
Affordable Housing (Revised Schemes), or 33
(b) to a local environmental plan or a regional environmental 34
plan is taken to be a reference to South Sydney Local 35
Page 8
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Environmental Plan 1998, Sydney Regional 1
Environmental Plan No 26--City West or Willoughby 2
Local Environmental Plan 1995, 3
as in force immediately before the repeal of that section by the 4
Environmental Planning and Assessment Amendment Act 2008. 5
(3) Section 94G, as in force immediately before the commencement 6
of Schedule 3.1 [6] to the Environmental Planning and 7
Assessment Amendment Act 2008, continues to apply in respect 8
of land dedicated, or a monetary contribution paid, in accordance 9
with a condition imposed under section 94F (including a 10
condition imposed on a development consent following a 11
determination referred to in subclause (1)) as if that Act and the 12
amending Act had not been enacted. 13
Application of repealed provisions of environmental planning 14
instruments 15
(1) Division 3 of Part 4 of South Sydney Local Environmental Plan 16
1998, as in force immediately before the commencement of the 17
amending Act, continues to apply in respect of a development 18
application lodged, but not finally determined, before the repeal 19
of that Division by the amending Act. 20
(2) Part 4 of Sydney Regional Environmental Plan No 26--City 21
West, as in force immediately before the commencement of the 22
amending Act, continues to apply in respect of a development 23
application lodged, but not finally determined, before the repeal 24
of that Part by the amending Act. 25
(3) Clause 25B of Willoughby Local Environmental Plan 1995, as in 26
force immediately before the commencement of the amending 27
Act, continues to apply in respect of a development application 28
lodged, but not finally determined, before the repeal of that 29
clause by the amending Act. 30
Page 9
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Schedule 2 Consequential amendment of Redfern-Waterloo Authority Act 2004
Schedule 2 Consequential amendment of 1
Redfern-Waterloo Authority Act 2004 2
(Section 4) 3
[1] Section 30 Development contributions for affordable housing 4
Omit the section. 5
[2] Section 31, heading 6
Omit "(other than for affordable housing)". 7
[3] Section 31 (8) 8
Insert "or 6A" after "Division 6". 9
[4] Section 32 Contributions plans and payment of development 10
contributions 11
Omit "sections 30 and 31" from section 32 (1). Insert instead "section 31". 12
[5] Section 32 (2) 13
Omit the subsection. 14
[6] Section 32 (4) and (5) 15
Omit "section 30 or 31" wherever occurring. Insert instead "section 31". 16
[7] Schedule 4 Savings, transitional and other provisions 17
Insert at the end of clause 1 (1): 18
Environmental Planning and Assessment Amendment 19
(Affordable Housing Development Contributions) Act 2008, but 20
only in relation to the amendments made to this Act 21
Page 10
Environmental Planning and Assessment Amendment (Affordable Housing
Development Contributions) Bill 2008
Consequential amendment of environmental planning instruments Schedule 3
Schedule 3 Consequential amendment of 1
environmental planning instruments 2
(Section 5) 3
3.1 South Sydney Local Environmental Plan 1998 4
Part 4, Division 3 Affordable housing at Green Square 5
Omit the Division. 6
3.2 Sydney Regional Environmental Plan No 26--City West 7
Part 4 Affordable housing in the Ultimo-Pyrmont Precinct 8
Omit the Part. 9
3.3 Willoughby Local Environmental Plan 1995 10
[1] Clause 5 Definitions 11
Omit the definitions of special needs housing groups, the Willoughby Local 12
Housing Program, Willoughby Local Housing and Willoughby Local 13
Housing Precinct from clause 5 (1). 14
[2] Clause 25B Willoughby Local Housing to be provided in Willoughby 15
Local Housing Precincts 16
Omit the clause. 17
Page 11
[Index] [Search] [Download] [Related Items] [Help]