State Environmental Planning Policy (Housing) 2021

Development for the following purposes, in relation to a building to which this Part applies, is permitted with development consent—

demolishing the building,

altering or adding to the structure or fabric of the inside or outside of the building,

changing the use of the building to another use,

if the building is a residential flat building—strata subdivision of the building.

In determining whether to grant development consent, the consent authority must take into account the Guidelines for the Retention of Existing Affordable Rental Housing, published by the Department in October 2009 and the following—

whether the development will reduce the amount of affordable housing in the area,

whether there is available sufficient comparable accommodation to satisfy the demand for the accommodation,

whether the development is likely to result in adverse social and economic effects on the general community,

whether adequate arrangements have been made to assist the residents who are likely to be displaced to find comparable accommodation,

the extent to which the development will contribute to a cumulative loss of affordable housing in the local government area,

whether the building is structurally sound, including—

the extent to which the building complies with relevant fire safety requirements, and

the estimated cost of carrying out work necessary to ensure the building is structurally sound and complies with relevant fire safety requirements,

whether the imposition of an affordable housing condition requiring the payment of a monetary contribution would adequately mitigate the reduction of affordable housing resulting from the development,

for a boarding house—the financial viability of the continued use of the boarding house.

Sufficient comparable accommodation is conclusively taken not to be available if, for the 3 months occurring immediately before the development application is lodged, the average vacancy rate in private rental accommodation for Sydney, as published monthly by the Real Estate Institute of New South Wales, is less than 3%.

The continued use of a boarding house is financially viable if the rental yield of the boarding house, as determined under section 48(4), is at least 6%.