[Anita Gillies]

Hi All

I have an older property in a CBD subject to an MDAF, – approx. half the building was previously occupied by a bank and the adjoining property is a residence. The buildings are not separate and share an adjoining wall. The owner has requested the MDAF be removed to enable full residential rating over the whole property as he has been unable to find a tenant to occupy the former bank building.

Under the current LEP, residential accommodation is not permitted in the former bank building. The adjoining residential building has existing use rights under the EP & A Act.

I would appreciate any feedback on how you would deal with this or if you have had a similar request.

Regards
Anita

[Simone Fisher]

Hi Anita,

Unless they had an approved residential use for the bank building I’d continue rating it Business.
We has a similar request here with a residential dwelling that was approved & converted for use as a doctor’s surgery. The owner claimed that they couldn’t find a tenant to fill the space & requested that we categorise it residential as it wasn’t currently used for the business purpose.
I argued that it was approved for business use, they were actively looking for a commercial tenant & as the property had been converted to be used as a doctor’s surgery it wasn’t equipped to be used for residential accommodation.
They advised me that they would be getting their own legal advice with intentions to appeal the decision but have since paid the business rates.
Regards,
Simone

[Anita Gillies]

Thanks Simone for your response. I’ll let you know the outcome.

[Graham Eppelstun]

Similar to Wollondilly Council, our Council has a former bank property that has been subject to a MDAP It is the 1 double storey building, with residence upstairs, and has a living area downstairs, and the bank was at the front, (separate access) but now has closed. Council’s LEP allows Shop top housing, permitted with consent. The owner has applied to have the whole property rated residential. Would Council rate the property residential using Dominant use, irrespective of Council’s LEP that has to retain the commercial portion for where the bank was located. The ratepayer stated that “there is no intention for the foreseeable future to make any attempts to rent the front ground floor area of the building previously occupied by the bank”
Any help would be appreciated
Regards
Graham

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