Hi,
In regards to section 556 (1)(h)
556 (1) (h) land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity
I am keen to hear how other Councils determine:
• how a property “is used…for the purposes of the institution or charity”,
• how strict/flexible Councils are with the purpose of the charity/use of the property
• And do Councils conduct an inspection to validate the application?
Our situation is a charity (disability section) have purchased a residential home to “support people with disability by way of a shared group home supporting the need for staff to have a hub in Inverell to continue to grow the charitable not for profit work of the enterprise.
The office adjoining the garage has undergone improvements for the establishment of a training kitchen and food preparation area for the employment of school leavers with disability in gainful employment in support of Glen Industries mobile catering SMOKO services.
Our priority will eventually be for shared accommodation for people with a disability. The training kitchen will be used for Skill development also for people with a disability. We would also like to use the house for accommodation to staff whilst supporting clients with a disability”
The charities purpose and powers within their constitution, is broad: “service as many people with disabilities” “improve the quality of life for people with disabilities by offering employment opportunities and encouraging self-esteem, self-development and training in a profitable business environment.” “further the interests, train, educate and promote the welfare” “undertake such other measures for the care, protection, transportation, education or recreation”
We/council are probably having a bit of trouble determining what is actually been conducted at the property and if it is linked to the charities purpose. Also noting that accommodation isn’t mentioned as a purpose….but I acknowledge the word ‘care’ is broad.
I have asked planning about a change of use/application, hoping this would provide more information on the use, and also determine if the use was permitted – however the response I received wasn’t overly proactive.
Thanks in advance
.
