PIA Seminar 15 September Affordable Housing. The New Affordable Rental Housing SEPP. Julie Bindon BTP, DipLE, CPP, FPIA, FAPI Partner JBA

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1 PIA Seminar 15 September 2009 Affordable Housing The New Affordable Rental Housing SEPP Julie Bindon BTP, DipLE, CPP, FPIA, FAPI Partner JBA

2 SEPP Affordable Housing 2009 Structure of SEPP - Preliminary - New affordable rental housing - in-fill affordable housing - secondary dwellings - boarding houses - supportive accommodation - residential flat buildings social housing providers, public authorities and joint ventures - residential development Land and Housing Corporation (Housing NSW) - group homes - Retention of existing affordable housing (Sydney only) - Miscellaneous

3 Preliminary Part 1 Commenced Friday 31 st July 2009 Affordable housing means housing for very low, low or moderate income households Defined as when gross income is less than 120% of the median household income of the Sydney Statistical Division* and paying no more than 30% of income in rent or meet NRAS requirements * $76,500 in 2009/10

4 In-fill affordable housing Part 2 Division 1 Affordable housing must be - used as such for minimum of 10 years - managed by registered community housing provider but can be strata subdivided Where Residential zones (but not the R5 large lot zone) What Dual occupancies, multi-dwelling housing and residential flat buildings permitted (where otherwise prohibited) if: - 50% or more affordable dwellings - less than 8.5m high ( low rise development )

5 In-fill affordable housing cont Part 2 Division 1 Where RFBs already permitted: - 20% or more affordable dwellings Height Existing EPI Bonus FSR up to 0.5:1 (if existing FSR less than 2.5:1) up to 20% (if existing FSR more than 2.5:1)

6 In-fill affordable housing cont Part 2 Division 1 Development standards that, if met, cannot be used as a reason to refuse consent: a) All development Parking 1/5 dwellings (social housing provider) 1/2 dwellings (other proponents) Dwelling Size Bedsit = 35m 2 1 bed = 50m 2 2 bed = 70m 2 3+ bed = 95m 2 + SEPP 65 applies (where relevant)

7 In-fill affordable housing cont Part 2 Division 1 b) Low rise development Height higher of 8.5m FSR 0.75:1 if before 30 June :1 if after 30 June 2011 Site Area >450m 2 Landscape Area >35m 2 (social housing provider) Deep Soil Zones 15% site area or 30% of site area (other proponents) Solar Access 3 hours to living rooms & private open space to >70% of dwellings + Seniors Living Policy: Urban Design Guidelines for Infill Development

8 Secondary dwellings Part 2 Division 2 (Granny flats) Where Residential zones (incl. the R5 large lot zone) Controls - existing maximum total floor area applies - secondary dwelling <60m 2 or greater if in an existing EPI Consent authority must not refuse if - within or attached to principal dwelling - site area greater than 450m 2 - no additional parking provided SEPP (Exempt and Complying Development Codes), & other development standards (in Schedule 1) apply No subdivision

9 Boarding houses Part 2 Division 3 Where Residential (not R5) and B1, B2 & B4 business zones Standards that cannot be used to refuse consent - existing maximum FSR (plus bonus) where RFBs are currently permitted - existing maximum building height - Landscaped area - Solar access - Private open space - Parking Provides minimum standards cannot approve unless satisfied

10 Supportive accommodation Part 2 Division 4 Where Land where RFBs or boarding houses are permitted Use of existing RFBs or boarding houses Long term accommodation for people needing support services, such as: - medical - counselling - education and training No consent required

11 RFBs social housing providers, Part 2 Division 5 public authorities and joint ventures Where Land in Sydney region within 800m of heavy rail or light rail station; in regional towns within 400m of commercial core or mixed use zones Only applies if RFBs are not permissible If RFBs are permissible, then in-fill affordable housing (Part 2 Division 1) applies

12 RFBs social housing providers, Part 2 Division 5 public authorities and joint ventures cont Site Compatibility Certificate required from Director General Car parking not required Consent authority may still refuse application 10 year requirement applies SEPP 65 applies (where applicable)

13 Residential Development: Part 2 Division 6 Land and Housing Corporation Without consent - demolition (not heritage item or conservation area) - subdivision - residential development up to 8.5m high and no more than 20 dwellings Council and neighbours must be notified Seniors Living Urban Design Guidelines are to be taken into account

14 Group homes Part 2 Division 7 Where Residential, mixed use and special zones Without consent - by a public authority and no more than 10 bedrooms Consent authority must not refuse unless it has considered the community need for the home SEPP (Exempt and Complying Development Codes), & similar development standards (in Schedule 2) apply; + see Infrastructure SEPP and Exempt and Complying Codes SEPP

15 Retention of existing Part 3 affordable housing Where Sydney region, Wollongong & Newcastle Replaces SEPP 10 Retention of Low-Cost Rental Accommodation Applies to non strata d low rental residential buildings at 28 January 2000 No alterations, change of use or strata subdivision without consent Take into account 8 criteria Authorises s94f contribution

16 Miscellaneous Part 4 No strata or community title subdivision of boarding houses Minister to review after one year, and then every five years Savings and transitional provisions SEPP does not apply to DAs submitted but not determined SEPP 10 repealed

17 Thank You

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