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State Environmental Planning Policy (Housing) 2021
156Affordable housing
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#### 156 Affordable housing
156 Affordable housing
> > (1) This section applies to development for the purposes of residential flat buildings, independent living units or shop top housing in a Transport Oriented Development Area if the building has a gross floor area of at least 2000m2.
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> > (2) Development consent must not be granted unless the consent authority is satisfied that—
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> > > (a) at least 2% of the gross floor area of the building will be used for affordable housing, and
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> > > (b) the affordable housing will be managed by a registered community housing provider in perpetuity.
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> > (3) A requirement under a provision of another chapter of this policy, another environmental planning instrument or a planning agreement that requires the development to provide more affordable housing prevails over this section.
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> > (4) Affordable housing provided as part of the development because of a requirement under another chapter of this policy, another environmental planning instrument or a planning agreement is not counted towards the affordable housing required under this section.
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> **s 156:** Ins 2024 (135), Sch 1\[12\]. Am 2024 (652), Sch 1\[7\].