[Karen ODonnell]

A notice of sale was processed on a property with 14L concessions so we have reversed same and levied 2022 rates on the full valuation.

The “new owner” has contacted the VG asking for the concessions to be re-instated as he was one of the original developers. The VG has advised Council they will re-instate upon our request under 60A(1)(a).

The developer partnership has wound up after 20 years, one partner has purchased the lot in good faith for a minimal price due to zoning restrictions. The “new” ownership is in private names, and the lot was also in private developer names, not companies when it was created via subdivision.

Any suggestions/advice is appreciated.

cheers

[Robert Hay]

Hi Karen

I had to look at this a couple of times and in my opinion they still get it. My interpretation spins on the definition of owner in the definitions section of the Valuation of Land Act 1916:

“Owner” means the person who, whether jointly or severally, is seised or possessed of or entitled to any estate or interest in land.

They were an original owner either jointly or severally and have increased their interest in the same land.

These are always the difficult ones to interpret and I would love to hear what others think.

Robert

[Michael Cherry]

Hi Karen,
Just to clarify if the profitable expenditure (which was the subject of the valuation allowance) was incurred 20 years ago when the developer partnership was formed S14M(2) (d) states that the allowance is no longer applicable.

If the profitable expenditure was incurred less than 15 year ago and the issue is whether the current “owner” can be interpreted as the same “owner” when the profitable expenditure was incurred I agree with Robert. The current owner obviously has an interest now but also had an interest when the profitable expenditure was incurred – so s14M(2)(a) and s14M(2)(e) cannot prevent the allowance from being applicable.
Mick

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