Hi Everyone
This is what happens all the time due to incorrect actions of other Departments within Council and then the correct action taken by Rates Department when these situations occur.
Quasi approval of the DA doesn’t mean that the sections relating to categorisation had not been followed correctly 516 doesn’t rely on zoning except where it is vacant land.
I’ve heard of another case where an individual had illegally converted their business unit into residential accommodation without consent, the planning department decided to do nothing. Under 516 they were compliant. Based on this they were made residential. Further there can be cases where retrospective consent is granted.
As recent caselaw has identified it is based on the “current use” of the land that is the determining factor.
Dave if possible can you get a copy of the court case and this would be great to include on the website.
Robert
