27PAffordable housing conditions

27P Affordable housing conditions

27P Affordable housing conditions

(1) Before granting consent to the carrying out of development (other than subdivision) on land in Green Square within Zone No 10 (a), 10 (b), 10 (c), 10 (d), 10 (e), 11 (a) or 11 (b), the consent authority must consider whether an affordable housing condition should be imposed on the consent.

(2) The following are affordable housing conditions—

(a) A condition requiring the payment of a monetary contribution to the consent authority by the applicant to be used for the purpose of providing affordable housing in accordance with the Green Square affordable housing principles and the affordable housing provisions that is the value, calculated in accordance with those provisions, of the following total amount—

(i) 3% of so much (if any) of the total floor area to which the development application relates as is intended to be used exclusively for residential purposes, and

(ii) 1% of so much (if any) of the total floor area to which the development application relates as is not intended to be used exclusively for residential purposes.

(b) If that total amount is sufficient, a condition requiring—

(i) the dedication in favour of the consent authority, free of cost, of land of the applicant comprised of one or more complete dwellings with a total floor area of not more than that total amount, each dwelling having a total floor area of not less than 50 square metres, and

(ii) if the amount of total floor area of the complete dwelling or dwellings is less than that total amount, the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with the affordable housing provisions, of the total floor area equivalent to the difference between those amounts,

to be used for the purpose of providing affordable housing in accordance with the Green Square affordable housing principles and the affordable housing provisions.

(3) To remove any doubt—

(a) it does not matter whether the total floor area concerned was in existence before, or is created after, the commencement of this Division, or whether the area concerned replaces a previously existing area, and

(b) demolition of a building or a change in the use of land does not give rise to a claim for a refund of any amount that has been contributed under this clause for use for affordable housing.