Ku-ring-gai Local Environmental Plan 2015

In this clause, the Ku-ring-gai Affordable Housing Principles are as follows—

affordable housing must be provided and managed to accommodate a diverse residential population in areas representative of all income groups in Ku-ring-gai,

affordable housing must be rented to tenants at rents that do not exceed 30% of actual household income,

dwellings provided for affordable housing must be managed to maintain their continued use as affordable housing,

the Council must use the following, received by or on behalf of the Council, to improve or replace, or provide additional, affordable housing in Ku-ring-gai—

rent from affordable housing, excluding landlords’ expenses, such as management and maintenance costs and rates and taxes payable in connection with the dwellings,

money from the disposal of affordable housing,

affordable housing must consist of dwellings constructed to a standard that, in the opinion of the consent authority, is consistent with the same type of dwellings forming part of the proposed development that are not intended to be used as affordable housing, particularly in relation to solar access and natural ventilation.

This clause applies to development used for the following purposes on land identified as “Affordable Housing Contribution Rate” on the Affordable Housing Map—

co-living housing,

multi dwelling housing,

residential flat buildings,

seniors housing,

shop top housing.

This clause does not apply to development for the purposes of residential accommodation that is—

public housing, or

affordable housing managed by a registered community housing provider in perpetuity.

Development consent must not be granted to development to which this clause applies unless the consent authority has considered the Ku-ring-gai Affordable Housing Principles.

The consent authority may impose a condition requiring an affordable housing contribution equivalent to the percentage of the gross floor area of the residential component of the development shown for the land on the Affordable Housing Map.

A contribution imposed under this clause must permit a person to satisfy the condition by—

providing the following—

a dedication in favour of the Council of land comprising one or more dwellings, each having a gross floor area of at least 50m²,

a monetary contribution, paid to the Council, of equivalent value to any remainder of the gross floor area specified in subclause (5), or

a monetary contribution paid to the Council of equivalent value to the gross floor area specified in subclause (5).

The rate at which a monetary contribution is taken to be equivalent to floor area for the purposes of this clause must be calculated—

for Pymble Golf Club land—by reference to the market value of dwellings of a similar size to the dwellings in the proposed development, or

for other land—in accordance with the Ku-ring-gai Affordable Housing Contributions Scheme 2025.

In this clause—

part of Lot 1, DP 511821,

Lot B, DP 368565,

Lots 1 and 3, DP 531533,

part of Lot 2, DP 531533.