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SEPP 70 Expanded to Include All Councils in NSW

By 2 April 2019No Comments

All Councils in NSW are now able to develop schemes and levy developer contributions for affordable housing under expanded provisions of State Environmental Planning Policy No 70 – Affordable Housing (Revised Schemes) (SEPP 70).

This is great news for anyone interested in growing the supply of affordable housing in NSW, such as the 52,932 applicants on the NSW housing register as of 30 June 2018.[1]

However, there are steps Councils must take before they can impose any condition on a development consent for affordable housing including:

·         Investigating the need for affordable housing in their LGA;

·         Identifying areas within an LGA where an Affordable Housing Contribution Scheme will apply;

·         Determining a viable Affordable Housing Contribution Rate;

·         Preparing an Affordable Housing Contribution Scheme; and

·         Amending their Local Environmental Plan (LEP) through the Planning Proposal process to reference the Affordable Housing Contribution Scheme.

Each of these steps requires the development of a detailed and comprehensive evidence base that is locally-tailored for each Council area, including small areas or precincts within an LGA.

Over many years, JSA has provided expert analysis to Councils across NSW who were at the forefront of developing innovative strategies through the planning system to facilitate the growth of affordable housing to better meet the need identified in their communities.

JSA clients have included Griffith City Council, Central Coast Council, Inner West Council, North Sydney Council, Ryde City Council and Byron Shire Council.

The NSW Government has finally come to the party.

JSA welcomes inquiries from NSW Councils (metropolitan, regional and rural) interested in expert research and analysis to prepare locally-tailored:

·         Local Housing Strategies

·         Affordable Housing Contributions Schemes

·         Voluntary Planning Agreements for the purpose of affordable housing

·         Evaluation frameworks to monitor the impact of established Affordable Housing Contributions Schemes

[1] Family and Community Services NSW, Expected Waiting Times,