[Glynes Maxfield]

Hi all.
HHC have received an application from Evolve Housing with an application attached, (in a Word document) dated October 2017 applying for non rateable.

The correspondence states that “records show that an application was sent to Hunters Hill Council for a rates exemption dated 2017, however I can find no record of receiving a response from Council”.

HHC has checked all the records available to us and have not been able to locate this application.
I have concerns as to why it has taken so long for them to follow this up.
1. Evolve Housing didnt own the property until 2019 and
2. Can if refuse to back date and only apply for 24/25?

Any assistance on this one would be appreciated.
Regards
Glynes

[Ian Clayton]

Hi Glynes,

Might be worth having a look at the judgement in the Supreme Court case Mangoola Coal Operations Pty Ltd v Muswellbrook
Shire Council on the Case Law page. This found that rates are protected by the Recovery of Imposts Act, which means Council would not be required to refund rates paid voluntarily more than 12 months ago. In your case, even if the property was rightly non-rateable in that previous period.

It’s probably up to Council how you wish to proceed, but this is really good precedent if you don’t want give the rates back in those past years.

Cheers
Ian

[Simone Fisher]

Hi Glynes,

Agree with Ian. Here at Wollondilly we would only be assessing from date of application (unless application was made within 30 days of service of the Rates & Charges Notice. In which case we would assess from 1 July only). If they only purchased the property in 2019 it seems strange to me that they would have made an application for exemption in 2017 & even if they did I expect that it would have been declined due to them not being owners & a new application would have been required when the property transferred to them.

Thanks,
Simone

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