Posted on March 27, 2024 by Stuart Simington and Katie Mortimer
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ALERT: Housing SEPP transitional provisions corrected to apply ADG to former SEPP65 pending DAs
The Government has amended State Environmental Planning Policy (Housing) 2021 (Housing SEPP) to correct an oversight which had meant that neither Chapter 4 of the Housing SEPP nor the former SEPP 65 applied to relevant residential apartment DAs made prior to 14 December 2023.
SEPP 65 was repealed by section 3 of the State Environmental Planning Policy Amendment (Housing) 2023 (2023 Policy), effective from 14 December 2023.
But the transitional provisions in the Housing SEPP did not apply the new Chapter 4 to those pending DAs.
An amendment to the Housing SEPP notified 15 March 2024 has retrospectively amended section 8 of Schedule 7A to correct this problem.
A new subsection 2A of Schedule 8 clarifies that the new Chapter 4 applies to DAs that were made, but not finally determined, before 14 December 2023, when SEPP 65 was repealed.
It is pleasing that this anomaly has finally been corrected as it was causing a deal of uncertainty for consent authorities and developers alike.
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