45Definitions

45 Definitions

45 Definitions

In this Part—

comparable accommodation means accommodation comparable with accommodation provided within an existing low-rental residential building the subject of a development application to which this Part applies (Part 3 accommodation) because—

(a) it is in the same or a neighbouring suburb, and

(b) it is let at the same rental level as, or not more than 5% higher than the rental level of, the Part 3 accommodation, and

(c) it is available for occupation on the day the development application is lodged, and

(d) for residential flat buildings—it comprises dwellings with the same number of bedrooms as the dwellings in the Part 3 accommodation.

low-rental dwelling means a dwelling that was let at a rental level no greater than the median rental level during the relevant period in relation to a dwelling—

(a) of the same type, and

(b) with the same number of bedrooms, and

(c) in the same local government area.

low-rental residential building means a building used, during the relevant period, as a residential flat building containing a low-rental dwelling or as a boarding house, and includes a building that—

(a) is lawfully used as a residential flat building containing a low-rental dwelling or as a boarding house, irrespective of the purpose for which the building may have been erected, or

(b) was used as a residential flat building containing a low-rental dwelling or as a boarding house, but the use has been changed unlawfully to another use, or

(c) is vacant, but the last significant use of which was as a residential flat building containing a low-rental dwelling or as a boarding house.

median rental level, for a relevant period, means the average of all the median rental levels specified for the relevant period in the Rent and Sales Report.

relevant period means the period commencing 5 years before the day on which the development application involving the building is lodged and ending on that day.

Rent and Sales Report means the report comprised of rent tables and sales tables published by the Department of Communities and Justice in March, June, September and December each year.

s 45: Am 2022 No 26, Sch 2.30; 2023 (664), Sch 1[23]–[27].