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Environmental Planning and Assessment Regulation 2021
82In-fill affordable housing
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#### 82 In-fill affordable housing
82 In-fill affordable housing
> > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 2, Part 2, Division 1, other than development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.
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> > (2) It is a condition of the development consent that before the issue of an occupation certificate for the development—
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> > > (a) a restriction must be registered, in accordance with the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), section 88E, against the title of the property relating to the development, which will ensure the requirements of subsection (3)(a) and (b) are met, and
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> > > (b) evidence of an agreement with a registered community housing provider for the management of the affordable housing component must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and
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> > > (c) evidence that the requirements of paragraphs (a) and (b) have been met must be given to the consent authority.
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> > (3) It is a condition of the development consent that during the relevant period—
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> > > (a) the affordable housing component must be used for affordable housing, and
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> > > (b) the affordable housing component must be managed by a registered community housing provider, and
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> > > (c) notice of a change in the registered community housing provider who manages the affordable housing component must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and
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> > > (d) the registered community housing provider who manages the affordable housing component must apply the Affordable Housing Guidelines.
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> > (4) In this section—
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> > affordable housing component has the same meaning as in [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 21.
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> > relevant period means a period of 15 years commencing on the day on which an occupation certificate is issued for all parts of the building or buildings to which the development consent relates.
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> **s 82:** Am 2022 (40), Sch 1\[20\]; 2023 (662), Sch 1\[9\].