New South Wales Consolidated Regulations

WAVERLEY LOCAL ENVIRONMENTAL PLAN 1996 - REG 18

18 Affordable rental housing

(1) In this clause, "low-rental residential flat building" means a residential flat building containing a low rental dwelling.
For the purposes of this subclause, a reference to a "low-rental dwelling" is a reference to a dwelling that (at any time in the 24-month period prior to the lodgment of a development application to which this clause applies) was let at a rental not exceeding the median rental level for that time:

(a) specified in the Rent Report or Rent & Sales Report NSW published by the Department of Urban Affairs and Planning or the Department of Housing, or

(b) specified in a publication issued in place of those publications by or on behalf of the Government,

in relation to a dwelling of the same type, having the same number of bedrooms and located in the Waverley local government area.

(2) A "low-rental residential flat building" includes a building:

(a) that, at the time of lodgment of a development application to which this clause applies, is lawfully used as a low-rental residential flat building, irrespective of the purpose for which the building may have been erected, or

(b) that was used as a low-rental residential flat building but has been changed unlawfully to another use, or

(c) that is vacant but the last significant use of which was for a low-rental residential flat building.

(3) Development consent is required from the Council for development affecting a low-rental residential flat building, when such development involves the following:

(a) the demolition of the building, or

(b) a new use of the building.

(4) When assessing a development application required by subclause (3), the Council must consider:

(a) whether there is likely to be a major reduction in the number of households or units of low-rental accommodation on the land to which the application relates,

(b) whether there is available sufficient comparable accommodation in the locality to satisfy the demand for such accommodation in that locality,

(c) whether the development, if carried out, is likely to cause adverse social and economic effects on the general community,

(d) whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation in the locality,

(e) whether the cumulative impact of the loss of low-rental residential accommodation in the Council’s area will result in a significant reduction in the stock of that accommodation,

(f) the structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements.

For the purposes of this subclause, "comparable accommodation" means accommodation that is comparable with other accommodation provided within the premises the subject of the development application in that:

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

(b) it has equivalent access to similar services and facilities, and social and support networks, and

(c) it is at the same rental level, or is not more than 5% higher than that level, and

(d) it is available for occupation at the date of lodgment of the development application, and

(e) in the case of residential flat buildings, comprises dwellings with the same number of bedrooms, and

(f) it has a like standard of accommodation, including state of repair, size of accommodation and general amenity.