State Environmental Planning Policy (Housing) 2021

This section applies to development for the purposes of residential flat buildings, independent living units or shop top housing in a Transport Oriented Development Area if the building has a gross floor area of at least 2000m².

Development consent must not be granted unless the consent authority is satisfied that—

at least 2% of the gross floor area of the building will be used for affordable housing, and

the affordable housing will be managed by a registered community housing provider in perpetuity.

A requirement under a provision of another chapter of this policy, another environmental planning instrument or a planning agreement that requires the development to provide more affordable housing prevails over this section.

Affordable housing provided as part of the development because of a requirement under another chapter of this policy, another environmental planning instrument or a planning agreement is not counted towards the affordable housing required under this section.