Environmental Planning and Assessment Regulation 2021
83Boarding houses
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83 Boarding houses
83 Boarding houses
(1) This section applies to development permitted under State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 2.
(2) It is a condition of the development consent that before the issue of an occupation certificate for the development—
(a) a restriction must be registered, in accordance with the Conveyancing Act 1919, 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
(b) evidence of an agreement with a registered community housing provider for the management of the boarding house must be given to the Registrar of Community Housing, including the name of the registered community housing provider, and
(c) evidence that the requirements of paragraphs (a) and (b) have been met must be given to the consent authority.
(3) It is a condition of the development consent that from the day on which an occupation certificate is issued for the development—
(a) the boarding house must be used for affordable housing, and
(b) the boarding house must be managed by a registered community housing provider in accordance with a plan of management, and
(c) notice of a change in the registered community housing provider who manages the boarding house must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and
(d) notice of a change to the plan of management must be given to the consent authority no later than 3 months after the change, and
(e) the registered community housing provider who manages the boarding house must apply the Affordable Housing Guidelines.