86AResidential flat buildings and shop top housing in Transport Oriented Development Areas

#### 86A Residential flat buildings and shop top housing in Transport Oriented Development Areas 86A Residential flat buildings and shop top housing in Transport Oriented Development Areas > > (1) This section applies to development permitted under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), Chapter 5 to which that policy, section 156 applies. > > > (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](/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 > > > > > (b) evidence of an agreement with a registered community housing provider for the management of the affordable housing 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— > > > > > (a) the gross floor area required to be used for affordable housing under [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714), section 156 must be used for affordable housing in perpetuity, and > > > > > (b) the affordable housing must be managed by a registered community housing provider in perpetuity, and > > > > > (c) notice of a change in the registered community housing provider who manages the affordable housing must be given to the Registrar of Community Housing and the consent authority no later than 3 months after the change, and > > > > > (d) the registered community housing provider who manages the affordable housing must apply the Affordable Housing Guidelines. > > **s 86A:** Ins 2024 (134), Sch 1.