26AIn-fill affordable housing

26A In-fill affordable housing

26A In-fill affordable housing

(1) Development to which State Environmental Planning Policy (Housing) 2021, Chapter 2, Part 2, Division 1 applies if—

(a) the part of the development that is residential development has an estimated development cost of—

(i) for development on land in the Eastern Harbour City, Central River City or Western Parkland City in the Six Cities Region—more than $75 million, or

Note—

The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.

(ii) for development on other land—more than $30 million, and

(b) the development does not involve development prohibited under an environmental planning instrument applying to the land.

(1A) In determining the estimated development cost for subsection (1)(a), the estimated development cost of existing residential development must be included if—

(a) the development will be carried out on the same land as the existing residential development, and

(b) the development will result in—

(i) for development on land to which subsection (1)(a)(i) applies—at least 40 additional dwellings, or

(ii) for development on land to which subsection (1)(a)(ii) applies—at least 20 additional dwellings.

(2) This section does not apply to—

(a) development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 4 applies, or

(b) a development application made, but not finally determined, before the commencement of this section.

(2A) This section, as in force immediately before the commencement of State Environmental Planning Policy Amendment (Housing) 2024, continues to apply to a development application made, but not finally determined, before the commencement.

(2B) Subsection (1A) applies only if the development application for the development is made—