[Emma Murphy]

I have received an application for a change in rating category, from Business to Residential.

The property is a house, zoned residential, has business approved for massage/beauty, this business ceased in October last year. The property is currently vacant.

They are currently trying to sell it as a house, but with business approval. Planning has advised if they surrender the business use, it won’t ever be approved again under the current LEP.

The property certainly looks like a house inside and out, with no remnants of the business activity.

Is dominate use based on occupied or vacant?

[Amit Anand]

Hi Emma,

I would check with your planning area and see what is the authorised use for this building. If the owner wants to change I would have asked him to get an approval from Planning Department for the change of use from business to residential before changing the rating category. I believe it is under S96 of the Act.

This way it gets recorded that the owner cannot use the building as a business and has to use it as a residential building. If he does then he in breach of use and compliance team can tke action against it. In the current scenario I would still charge him business rates as the building has an approved use as a massage parlour and not residence, unless stated othewise.

[Author]

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