DA for a Studio on property with Postponed Rates

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  • #25524
    Maria Devoti
    Participant

      Coffs Harbour City

      Hi All,

      Just a quick question. I have a property with postponed rates. They currently have a DA for a new house and a ‘studio’. The only ‘connection’ between the main dwelling and the studio is an internal lift and a separate entry. Would postponed rates still be applicable?
      Thanks Maria

      #25529
      Andrew Butcher
      Keymaster

        Hi Maria

        That is an interesting question, the Act describes a dwelling as dwelling, in Division 1 of Part 8 of Chapter 15, means a building or part of a building used as a place of dwelling. and for postponed rates to apply Section 585 says a parcel of land on which there is a single dwelling-house used or occupied as such essentially the same in s585(a) and (b).

        From my perspective I would interpret the Act literally and suggest that the term ‘single dwelling-house’ would need to have clear and separate access with a clear boundary around each, similar to what the VG would use in their policy for separate valuations.

        Definitely would not apply postponed if there are two new buildings or buildings that are strata, dual occupancy or secondary dwellings. From what you have described I would continue to apply postponed on the basis that the property is a parcel of land on which there is a single dwelling-house. It may be worth approaching the VG to see if they would provide a separate valuation for the studio, because if they do that would change my view.

        I hope this is helpful and would be interested if others have sought legal advice on this.

        Regards,
        Andrew

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