State Environmental Planning Policy(Affordable Rental Housing) 2009

By Jenny Rudolph, Director at Elton ConsultingThursday 20 September 2012

What is included in the presentation?

• Why do we have an Affordable Housing Rental SEPP?

• Overview of the AHRSEPP

• Possible changes or considerations

Who needs affordable housing?

10% of households in NSW are experiencing housing stress, and in Sydney 30% of households. Housing stress means that 30% or more of a household income is being spent on rental costs.

Why was the AHSEPP developed?

Percentage of households experiencing housing stress

The NSW Government introduced the State Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP) on 31 July 2009 to provide a range of planning incentives to encourage the development of new affordable rental housing.

Why was the AHSEPP developed?

a) consistent planning regime for the provision of affordable rental housing

b) effective delivery of new affordable rental housing by providing incentives

c) To facilitate the retention and mitigate the loss of existing affordable rental housing

d) balanced approach for the development of new affordable rental housing

e) To facilitate an expanded role for not-for-profit-providers of affordable rental housing

f) housing for the homeless and other disadvantaged people by supportive accommodation

What are the objectives of the AHSEPP?

Structure of the AHSEPP

Part 1 Preliminary

Part 2 New affordable rental

housing

Division 1 - In-fill affordable housing

Division 2 - Secondary housing

Division 3 - Boarding houses

Division 4 - Supportive accomodation

Division 5 - Residential flat buildings

Division 6 -Residential development – Land

and Housing corporation

Division 7 - Group homes

Part 3 Retain affordable

rental housing

How does the AHSEPP work for developers?

How does the AHSEPP work for government?50% affordable housing

Retain rental for minimum of 10 years

Consent to 20 dwellings or less and 2 storeys in height

Provides key incentives

Diversity of housing

Investment to achieve market value after 10 years

How does the AHSEPP work for Council?

Assessment of development applications

Benefits if linked to Section 94 Plan or Strategy for affordable housing

400 metres walking distance to public transport (train and bus)

Bus service that has at least one bus per hour servicing the stop between 0600 and 2100 Monday to Friday and between 0800 and 1800 on each Saturday and Sunday.

800 metres walking distance of a public entrance to a railway station or a wharf from which Sydney Ferries ferry services operates.

What is considered an ‘accessible area’?

400m

800m

400m walking distances in regional areas to land zoned B2 or B4

Applicable to dual occupancies, multi dwelling housing or residential flat buildings permitted with consent, and proposed within an ‘accessible area’

FSR Bonus:

•An existing FSR of 2.5:1 or LESS allows for a potential bonus of 0.5:1 providing that 50% of the GFA of the proposed

•An existing FSR of 2.5:1 or MORE allows for a bonus of 20% if the proportion of affordable housing is to be 50% of the GFA or greater.

Key Controls:

•parking•dwelling size•solar access•landscaping/deep soil zone requirements.•managed by a registered Community Housing Provider (CHP)•Must be assessed in relation to the Character of the Local Area in which the development is proposed•Must be assessed against SEPP 65

In-fill affordable housing

Secondary Dwellings

Secondary dwellings are permissible within all residential zones, including R5 Large Lot Residential

: N/A

Key Conditions and controls:

• Only one principal dwelling and one secondary dwelling are permitted on each lot• Max 60sqm and both not to exceed maximum FSR• Required compliance with key development standards.

Above: an example of a secondary dwelling developed in conjunction with a principal dwelling

L – Lounge roomL - LaundryD – Dining roomK – KitchenG - GarageB – BedroomBA – BathroomL/D – Lounge dining

Boarding Houses

Boarding houses are permissible within all residential zones, (excluding R5 Large Lot Residential) as well as B1, B2 & B4 business zones

FSR Bonus: In areas already zoned for residential flat buildings, a bonus FSR is applicable, that being:

• 0.5:1, if the existing maximum FSR is 2.5:1 or less, or• 20% of the existing maximum FSR, if the existing maximum FSR is greater than 2.5:1.

Key controls and conditions:

•Zoning•Development standards

Boarding Houses

Above: an example of a boarding house development in Petersham NSW

Supportive Accommodation

Supportive Accommodation occurs when a residential flat building or boarding house is permissible

Development to which this division applies may be carried out without consent but only if the development does not involve the erection or alteration of, or addition to, a building.

Case Study: Camperdown Homelessness Project Above: An artists impression of

supportive accommodation in Camperdown

Residential flat buildings – social housing providers, public authorities, joint ventures

Applies development for the purposes of a residential flat building is not permissible but is accessible

: N/AKey controls and conditions:

• Requirement for a site compatibility certificate completed by the Director General

• In a commercial building, no part of the ground floor at street frontage is to be used for residential purposes

• A minimum of 50% of the development must be used for the purposes of affordable housing for a period of 10 years

• Managed by a registered community housing provider• Comply with SEPP 65 in relation to residential flat developments

Affordable Housing Residential Development –Land and Housing Corporation

Development may be carried out for the purposes of the following by the Land and Housing Corporation without consent if the development is permissible

Residential development:

Providing the development does not exceed 8.5m in height and does not result in more than 20 dwellings on a single site and satisfies the following parking requirements

Within an ‘accessible area’ each dwelling with:

1 bedroom – 0.4 spaces2 bedrooms – 0.5 spaces3 bedrooms – 1 space

Or not within an ‘accessible area’

1 bedroom – 0.5 spaces2 bedrooms – 1 spaces3 bedrooms – 1.5 spaces

Demolition of dwellings and associated structures:

Providing the dwelling or structure is not located on land that contains a heritage item or is within a heritage conservation area.

Group HomesDevelopment may be carried out for the purposes of the following by the Land and Housing Corporation without consent if the development is permissible

Permissible:

Zone R1 General ResidentialZone R2 Low Density ResidentialZone R3 Medium Density ResidentialZone R4 High Density ResidentialZone B4 Mixed – UseZone SP1 Special ActivitiesZone SP2 Infrastructure

Or within any other zone in which the development of dwelling houses or multi dwelling housing may be undertaken with or without consent.

Key controls and conditions:

•Be undertaken without consent if the development does not result in more than 10 bedrooms in a single group home

•Alternatively development consent is required.

How has the AHSEPP changed?On the 20th of May 2011 amendments were made to the AHSEPP based on operation up until 20th December 2010. These changes are reflected upon within previous slides

Amendments included:

• Revised provisions for low – rise development

• compatible with the design character of the area

• To provide at least 20% of the total GFA as affordable housing, as oppose to 20% of total dwellings

• Public transport requirements become stricter

• In regional areas the amendment requires developments to be located within 400 metres of a local centre or mixed-use zone

• Higher parking standards

How has the AHSEPP changed cont?

Amendments included:

• Revised standards for boarding houses

• Revised standards for Housing NSW proposals

• New Local Character test

Retention of existing affordable rental housing

Retention of existing affordable rental housing

To aim to retain current existing affordable rental housing – there were limitations:-

• To demolish any existing affordable housing• To alter or add to the structure or fabric of the inside or the outside of the

building• To change the use of the building to another use (in particular backpacker

accommodation)• If the building is a residential flat building, to strata subdivide the building

The consent authority must consider:

• Effect on the affordable housing stock within the area• Adverse social or economic impacts• adequate arrangements to find comparable accommodation• The structural soundness of the building• The continued financial viability of the boarding house

The Affordable Housing Taskforce (AHT)

Following the amendments made to the SEPP in May 2011, the Affordable Housing Taskforce was formed.

The Taskforce was developed to compliment the amendments, and to drive new planning policies to deliver affordable housing, which meets the communities needs and respects the local character.

Ms Kristin Pryce – Property Council of Australia

Mr Shaun Mcbride – Local Government and Shires Association

Ms Yolande Stone and Mr David Birds - NSW

Department of Planning

The Affordable Housing Taskforce (AHT)

• Guidance to the development of a new SEPP –Affordable Housing Choice

• Policy that involves planning incentives and tools

• Template for preparing Local Affordable Housing Choice Strategies

Ms Kristin Pryce – Property Council of Australia

Questions?