New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) Willoughby Local Housing Principles For the purposes of this clause, the Willoughby Local Housing Principles are as follows:(a) Willoughby Local Housing is to be provided and managed in the City of Willoughby so that accommodation for a diverse residential population representative of all income groups is available within the City.(b) Willoughby Local Housing is to be rented to residents of the City of Willoughby who are from special needs housing groups and whose gross household incomes fall within the following ranges of percentages of the median household income for the time being for the Sydney Statistical Division according to the Australian Bureau of Statistics:and at rents that do not exceed a benchmark of 30% of their actual household income.
Very low income household less than 50% Low income household 50 or more but less than 80% Moderate income household 80-120% (c) Dwellings provided for Willoughby Local Housing are to be managed so as to maintain their continued use for Willoughby Local Housing.(d) Rental from Willoughby Local Housing received by or on behalf of the Council, after deduction of normal landlord’s expenses (including management and maintenance costs and all rates and taxes payable in connection with the dwellings), should be used for the purpose of improving or replacing Willoughby Local Housing or for providing additional Willoughby Local Housing within the City of Willoughby.(e) Willoughby Local Housing is to consist of dwellings constructed to a standard which, in the opinion of the Council, is consistent with other dwellings within the City of Willoughby, especially in terms of internal fittings and finishes, solar access and privacy.
(2) Principles to be considered Before granting consent to any proposed development of land within a Willoughby Local Housing Precinct, the consent authority is to take into consideration the following:(a) the Willoughby Local Housing Principles,(b) the affordable housing principles set out in Schedule 2 to State Environmental Planning Policy No 70-Affordable Housing (Revised Schemes) ,(c) the need for development to provide housing that meets the requirements of special needs housing groups,(d) the impact of the proposed development on existing housing within the City of Willoughby for special needs housing groups,(e) the impact of the proposed development on the existing mix and likely future mix of residential housing stock within the City of Willoughby.
(3) Affordable housing condition to be considered Before granting consent to the carrying out of residential development within a Willoughby Local Housing Precinct, the consent authority must consider whether an affordable housing condition should be imposed on the consent.
(4) The following are "affordable housing conditions":(a) A condition requiring the payment of a monetary contribution to the consent authority by the applicant to be used for the purpose of providing Willoughby Local Housing in accordance with the Willoughby Local Housing Program that is the value, calculated in accordance with subclause (5), of 4% of the accountable total floor space to which the development application relates.(b) If 4% of that accountable total floor space provides a sufficient amount of gross floor area, a condition requiring:(i) the dedication in favour of the consent authority, free of cost, of land of the applicant comprised of one or more complete dwellings with a gross floor area of not more than the amount equivalent to that percentage, each dwelling having a gross floor area of not less than 50 square metres, and(ii) if the total amount of gross floor area of the complete dwelling or dwellings is less than the amount equivalent to that percentage, the payment of a monetary contribution to the consent authority by the applicant that is the value, calculated in accordance with subclause (5), of the gross floor area equivalent to the difference between those amounts,to be used for the purpose of providing Willoughby Local Housing in accordance with the Willoughby Local Housing Program.
(5) Calculation of contribution of money for affordable housing The amount of the contribution required to be paid by a condition described in subclause (4) is the value of the gross floor area concerned calculated by reference to the market value of dwellings of a similar size to those proposed by the development application. That market value is taken to be the most current median sales price of such dwellings for the Willoughby local government area as documented in the Rent and Sales Report NSW published by the Department of Housing or, if another document has been approved for that purpose by the Director-General, that document.
(6) Dedication or contribution for affordable housing purposes This clause authorises the imposition of an affordable housing condition when the consent authority grants consent to the carrying out of development (other than subdivision) on land in a Willoughby Local Housing Precinct, subject to section 94F (3) (c) and (4) of the Act and subclauses (7)-(10).
(7) However, the consent authority is not authorised to impose an affordable housing condition unless at least one of the circumstances described in section 94F (1) (a)-(d) of the Act exists.
(8) This clause and any condition imposed under it are subject to section 94G of the Act.
(9) Development to which this clause does not apply This clause does not apply to the following development:(a) development for the purpose of public housing,(b) development for the purpose of community housing.
(10) Affordable housing conditions after initial development An affordable housing condition is not authorised to be imposed with respect to an amount of accountable total floor space if the consent authority is satisfied that a condition of consent has previously been imposed pursuant to this clause with respect to the same or an equivalent amount of accountable total floor space.
(11) Definitions In this clause:
"accountable total floor space" means the gross floor area to which a development application relates excluding any floor space bonus.
"floor space bonus" means:in relation to Willoughby Local Housing Precinct 1-any additional amount of floor space that results from consent being granted to development that results in a floor space ratio exceeding 3:1 pursuant to clause 23 (1) (i)."residential development" means use of land for any form of housing, including that leased on a short term basis, but does not include the use of land for a hotel, serviced apartment or motel.