[Maria Devoti]

Hi All,

I need some assistance regarding a parcel of land that is an Over 55’s living estate. When the DA was registered is was submitted as a manufactured homes estate. There are currently 181 villas with a future development for a further 181 villas. Villas are selling for over $650k.

My question is what should the category be Residential or Business? Under the Rating and Revenue Raising Manual manufactured homes estates are not to be categorised as residential. The property is currently rates Business but the waste team are questioning.

Any comments would be greatly received.

Maria

[Robert Hay]

Hi Maria

Section 121 of the Local Government Regs 2021 is what the manual is referring. Manufactured homes not to be categorised as residential.

Hope this helps.

Robert

[Laurie McGuiness]

Hi Maria
I agree with Robert, definitely cannot be categorised as residential.
When I was at Lake Macquarie we had a Land & Environment Court case on this matter, back in the mid nineties, where the judge found a manufactured home estate could not be categorised as residential because of the regulation Robert mentioned. I am not sure of the case name, maybe Mullen & Others v LMCC, I think Justice Pearlman was the Judge.
Hope this helps.

[Robert Hay]

Hi Maria

If waste are wanting to provide a service to the property. Potentially you could levy a charge under 501 of the LGA in your operational plan.

Robert

[Michelle Smith]

Hi everyone

I have a councillor questioning if we have a policy to charge the residents in manufactured home estates base charges for their property within the estate.

We don’t have a policy and do not charge this way – the one manufactured home estate we have is rated business with one base charge for the entire property.

Is anyone charging manufactured home estates this way? Is it even possible/correct to do that?

Any advice would be appreciated.

Thanks
Michelle

[Simone Fisher]

Hi Michelle, if the estate has one rateable valuation then one base amount applies. Sec 499(3) “(3) The appropriate base amount so specified is to form part of the rate levied on each separate parcel of rateable land subject to the rate.”

The LGA dictionary provides a definition of what a parcel of rateable land is – “parcel of land, in relation to rateable land, means a portion or parcel of land separately valued under the Valuation of Land Act 1916.”

Thanks
Simone

[Michelle Smith]

Thanks Simone, that was my thought as well thank you for confirming the section of the act where this applies.
Regards
Michelle

[Author]

Posts