Amendments to State Environmental Planning Policy (Affordable Rental Housing) 2009 come into force on 1 February 2021. There are no Savings Provision which means relevant DAs lodged but not determined in the Sydney, Newcastle and Wollongong regions will need to have regard to the amendments.
Of particular note are changes to the definitions of low-rental dwellings and low-rental residential buildings. The relevant period for establishing what constitutes a low-rental building is now the period commencing 5 years before the day on which the development application involving the building is lodged and ending on that day. A 5 year history of rentals needs to be provided to ascertain whether any of the dwellings are defined as “low-rental dwelling”. This clause is applicable to buildings which have not been strata subdivided. Should the building/dwellings fall within the definition of low-rental, then additional contributions may be applicable.
Please contact Tina Christy or one of our Directors for more information on how these changes may impact on your project.
To view the full amendment click here.