121Dedication or contribution for purpose of affordable housing

121 Dedication or contribution for purpose of affordable housing

121 Dedication or contribution for purpose of affordable housing

(1) Before granting consent to the carrying out of development (other than subdivision) on land in the Residential or Residential-Business zone within Ultimo-Pyrmont, 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 Affordable Housing Program that is the value, calculated in accordance with that program, of the following total amount—

(i) 0.8% 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) 1.1% of so much (if any) of that total floor area 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 Program, 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 that program.

(3) To remove any doubt—

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

(b) the 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 an affordable housing condition.