Hi Maria,
You may wish to consider saving yourself some effort and ask them if they are seeking an exemption, otherwise
per s516 the dominant use still applies.
If yes, than you should ask the owner to provide details of tariffs charged to determine if they fall within the gazetted tariffs under S516 (1A) (a) i.e. amount and whether they are full or part lodging – and also if they meet the 3 tariff paying occupants residing continuously for 3 consecutive months requirement under S516 (1A) (b) – that could be difficult to determine if the facility has just opened so perhaps review in 3 months/before 30/6?
Its really your/Council/management decision as to how often you would review/reconfirm. If its a reputable operator I think yearly is a bit unnecessary.
Vacant accommodation i.e. less than 3 occupants/3 months is covered in S516(1A) also i.e continues to be regarded as a boarding house if it subsequently becomes vacant.
My first step (not necessarily anyone else’s) would be to check if they intend to apply for exemption – and save potentially all the above nonsense (sorry, process).
