72Development for the purposes of build-to-rent housing permitted with consent

72 Development for the purposes of build-to-rent housing permitted with consent

72 Development for the purposes of build-to-rent housing permitted with consent

(1) The objective of this section is to enable certain residential accommodation to be used as build-to-rent housing.

(2) This Part applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land—

(a) in the following zones—

(i) a zone in which development for the purposes of residential flat buildings is permissible under another environmental planning instrument,

(ia) Zone E2 Commercial Centre,

(ib) Zone MU1 Mixed Use,

(ii) Zone B3 Commercial Core,

(iii) Zone B4 Mixed Use,

(iv) Zone B8 Metropolitan Centre,

(v) Zone SP5 Metropolitan Centre, or

(a1) in a Transport Oriented Development Area under Chapter 5 in which development for the purposes of residential flat buildings is permissible, or

(a2) on which development for the purposes of multi dwelling housing, residential flat buildings or shop top housing is permissible under Chapter 6, or

(b) for which a site compatibility certificate has been issued under section 39, or

(c) identified as “WestConnex Dive Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2.

(3) Development consent may be granted for development to which this Part applies if—

(a) the development will result in at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and

(b) all buildings containing the dwellings are located on the same lot of land.

(4) Part 7 does not apply to development permitted under this Part.