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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 22 October 2017 at 21:08)
Part 3 Clause 47
47   Interpretation
(1)  In this Part:
comparable accommodation means accommodation that is comparable with the accommodation provided within the premises the subject of a development application to which this Part applies in that:
(a)  it is similar in location because it is in the same or a neighbouring suburb, and
(b)  it is at the same rental level, or is not more than 5 per cent higher than that level, and
(c)  it is available for occupation at the date of lodgment of the development application, and
(d)  in the case of residential flat buildings, comprises dwellings with the same number of bedrooms as the dwellings in the premises the subject of the development application.
guidelines means the Guidelines for the Retention of Existing Affordable Rental Housing, approved by the Director-General and published in the Gazette.
low-rental dwelling means a dwelling that (at any time in the 24 month period prior to the lodgment of a development application to which this Part applies) was let at a rental not exceeding the median rental level for that time (as specified in the Rent and Sales Report) in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area.
low-rental residential building means a building used as a residential flat building containing a low-rental dwelling or as a boarding house and includes a building:
(a)  that, at the time of lodgment of a development application to which this Part applies, 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)  that was used as a residential flat building containing a low-rental dwelling or as a boarding house but that use has been changed unlawfully to another use, or
(c)  that 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.
Rent and Sales Report means the Rent and Sales Report published by the Department of Human Services or a publication issued in place of that publication by or on behalf of the Government.
(2)  In this Part, a very low income household, low income household or moderate income household is taken to include a household that occupies a low-rental dwelling or a boarding room in a boarding house.