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, 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, 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, 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.