DEVELOPMENT APPLICATION — application for affordable housing and low and mid-rise housing under State Environmental Planning Policy (Housing) 2021 — apartment mix — application of the affordable housing component to the spatial layout of the proposal — desired future character — number of storeys standard does not apply to the proposal — landscaped area definition
Quick Take
1The 6-storey limit under s 175 of the State Environmental Planning Policy (Housing) 2021 does not apply to development that includes an affordable housing component under Chapter 2, because the 30% height bonus under s 16 sets a different building envelope standard (here, 28.6m), and accordingly no cl 4.6 variation request is required for the number of storeys.
2The 'affordable housing component' under s 15B(1) of the Housing SEPP, defined as the percentage of GFA used 'for affordable housing', must be allocated strictly to the interior of the affordable dwellings and does not extend to shared circulation areas or other ancillary spaces within the development.
3A swimming pool specifically referenced in the 'landscaped area' definition in Schedule 10 of the Housing SEPP is included in the landscaped area calculation even where it is located over basement parking, because excluding it would render the 'landscaped area' definition indistinguishable from the 'deep soil zone' definition which excludes areas over structures below ground.
