SEPP (Affordable Rental Housing) 2009 Amendment 2011

State Government in an aim to clear up grey areas and combat misuse of SEPP (Affordable Rental Housing) 2009 have enforced the following changes

20 May, 2011

State Government in an aim to clear up grey areas and combat misuse of SEPP (Affordable Rental Housing) 2009 have enforced the following changes today:

  • Residential Flat Buildings for the private sector on land zoned R2 Low Density Residential is NO longer permitted.
  • If zoning permits villas, town houses or residential flats, you can lodge an Affordable Housing application. However, there is a Character Test that requires the building to have the same form as nearby buildings in the area. This generally means only single storey towards the rear half of the allotment.
  • Boarding Houses on land zoned R2 (Low Density Residential) are now required to be within 400m safe walking distance of land zoned B2 Local Centre or B4 Mixed Use (or equivalent). This is in addition to the site being 800m to a railway line and 400m to a regular bus stop or ferry service.
  • The requirement for car parking is now more closely aligned with the Senior’s Living Policy. This cleared the previous discrepancy where the SEPP stated that developments only required 0.5 car spaces/ unit and the Seniors Living Policy (which the SEPP makes reference to for low-rise development) required 0.5spaces/ ‘bedroom’ NOT 0.5spaces/ unit.
  • Previously if floor space bonuses were used (for this example, say 50%) and the net yield of units was (10 x 3bedders + 10 x 1bedders), a developer was able to allocate ALL the 10 x 1bedders to be affordable and the remaining 10 x 3bedders could remain unencumbered units (ie. not affordable). This new amendment has made the bonus relate to floor space now rather than unit yield. This will ensure developers equally distribute the final unit yield more fairly.
  • The 30 June, 2011 milestone no longer applies. The previous ability to propose a FSR of 0.75:1 has gone. The maximum FSR is 0.5:1 regardless of when the application is lodged.


Further Reading:
Planning NSW Website or Download the Fact Sheet

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