[Kim Mitchell]

Council has categorised as residential due to a DA under SEPP – Rural land sharing community
Total land area 279.4 ha
40 ha proposed for agricultural production (primarly to support the community)
174 ha proposed for ecological management
65 ha for dwellings

Objection received – Shorterm lease another person farming part of land (3 months only).

Reviewed and declined categorisation as FARMLAND again due to the DA Approval and as they were not conducting the farming activity – income was from lease and was considered being of substantial in nature.

Now received another letter wanting the below answered:

1 Can they apply for Farmland categorisation in the future if they can demonstrate that they meet the conditions of the LG Act,s515
2. Dominant use – guidelines relating to percentage of land devoted to agricutural activiities in relation to overall property size ?
3. Does the use of agricutural for internal service (that is to support the community) preclude eligiblity?
4. Does the Residential categorisation restrict the type of farming activiies and/or extent of commerical gain the community can achieve?

I would appreciate help in how I should now reply.

[Ian Clayton]

Hi Kim,

Sounds like an interesting situation. It’s certainly different circumstances than any that I’ve had to deal with. I think refusing the change to farmland is correct from what you’ve outlined.

In answer to the specific questions, I think I’d respond with something like :-

1) Section 525 of the LGA allows a rateable person to apply for review of a declaration of a rate category at any time.
2) The requirements for categorisation as Farmland are set out in Section 515 of the LGA. No percentages of overall land use are prescribed in the eligibility criteria and case law on this factor has been inconsistent and very much particular to the circumstances of the cases themselves. You may wish to seek your own legal advice to help clarify this factor.
3) Again, this is likely a question where you may wish to seek your own legal advice. However, I note the criteria outlined in Section 515 requires “a significant and substantial commercial purpose and character…” and must be “…engaged in for the purpose of profit…”. These factors may be difficult to achieve if all production is consumed on the property.
4) Classification for rating purposes does not, in itself, restrict farming activities.

Hope this is of some assistance.

Cheers
Ian

[Kim Mitchell]

Hi Ian,

Thank you for your response.

It is very much appreciated.

Regards
Kim

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