[Suzi Flynn]

Hi Carmel,
Yes the amounts are included in the totals. We then describe various components. The rates section in our last report reads:
Rates recovery
In 2022/23, the City of Sydney was involved
in 679 cases where action was taken to
pursue recovery of outstanding rates by the
commencement of proceedings. Of these,
403 cases were resolved either pre-judgment
or by judgment being entered in favour of the
City of Sydney. 276 cases remain to be
finalised.

[Suzi Flynn]

Thank you Andrew and Executive. I believe the submission is a good representation of thoughts across the state. I am supportive of the draft, and prefer the alternate view for point 9 per your post above.

Thanks,
Suzi

[Suzi Flynn]

Hi Dani,

I will email you our form and wording in our adopted Operation Plan about categorisation changes.

Regards,
Suzi

[Suzi Flynn]

Congratulations on surviving a career in Rates, Chargie! I look forward to seeing you at the 2023 conference.

[Suzi Flynn]

Camden tops the charts again! Go Neil!

[Suzi Flynn]

Hi Pete,

We’ve had a small number of these agreements. We have loads of info on our website that might be of interest.
https://www.cityofsydney.nsw.gov.au/environmental-support-funding/building-upgrade-finance

You will find our policy on there, application forms, the agreement, etc.

Hope it helps.
Suzi

[Suzi Flynn]

The attempt to appeal was unsuccessful. The ruling stands.

[Suzi Flynn]

Hi Dani,
Not sure, sorry. The legislation differs from state to state. You might have to ring one council in each state and find out from them directly.
Good luck!
Suzi

[Suzi Flynn]

Did everyone see OLG Circular 22-03 – Guidelines for the Additional Special Variation (ASV) Process for 2022-23?

It was released yesterday. Please refer to the OLG website for full details.

Excerpt:
What’s new or changing
• The Independent Pricing and Regulatory Tribunal (IPART) will accept and process an additional round of 2022-23 Special Variation (ASV) applications from councils.
• For applications made under the ASV process, the ASV Guidelines set out in this circular apply in place of the Guidelines for the preparation of an application for a special variation to general income issued by the Office of Local Government in 2020.
• For more information on when these ASV Guidelines apply, please see ‘What this will mean for your council’ below.
• This one-off ASV round is available for the 2022-23 financial year only.
• This one-off ASV round is for councils that can demonstrate the need for a special variation to meet the obligations they set for 2022-23 in their 2021-22 Integrated Planning and Reporting (IP&R) documentation.
• Councils seeking a permanent special variation will also need to demonstrate the financial need for the special variation to be included in their rate base on an ongoing basis.
• Separately, IPART has also agreed to undertake a broader review of its rate peg methodology, including the Local Government Cost Index, with outcomes from the review expected to shape rate peg determinations in future years.
What this will mean for your council
• The ASV Guidelines set out in this Circular apply where council is applying for:
o a temporary or permanent single year special variation for 2022-23 under section 508(2) of the Local Government Act 1993 (the Act), AND
o the percentage sought in the application is the lower of:
 2.5% (including population factor) or
 the council’s assumed 2022-23 rate peg as exhibited in its 2021-22 Long Term Financial Plan (LTFP) (including population factor)

• For ASV applications made under the Guidelines set out in this Circular, councils will need to demonstrate that:
o Council has demonstrable financial need such that, in the absence of a special variation, council would not have sufficient funds to meet its obligations as identified in its 2021-22 LTFP as and when they fall due in 2022-23; and
o Where councils are applying for a permanent special variation, in addition to the above criterion, the council has demonstrable financial need for the special variation to be retained in its rate base on an ongoing basis; and
o Council’s 2021-22 IP&R documentation budgeted for an income increase above the percentage specified for the council for 2022-23 under section 506 of the Act; and
o Council has resolved to apply for the special variation under section 508(2) of the Act and that the resolution clearly states:
 whether the resolution is for a temporary or permanent special variation under section 508(2) of the Act; and
 the additional income that council will receive if the special variation is approved; and
 why the special variation is required; and
 that the council has considered the impact on ratepayers and the community in 2022-23 and, if permanent, in future years if the special variation is approved and considers that it is reasonable.
• The ASV application process will be a simpler more targeted application process.
• IPART will not require councils to demonstrate community consultation outside of the processes outlined above. To demonstrate community consultation, IPART will consider the consultation undertaken through the IP&R process and consider the resolution to apply for a ASV meets the requirements outlined above.
• IPART will release streamlined application forms and further information shortly.
• Under this ASV round of applications:
o IPART will accept applications until 29 April 2022;
o IPART will publish applications to enable community consultation for a period of at least three weeks; and
o IPART will notify councils of its decision no later than 21 June 2022.

[Suzi Flynn]

Hi Andrew,

Is there any update on this matter? There is some chatter around.

Thanks,
Suzi

[Suzi Flynn]

Hi Lee,

I agree that any land owned by Council that is leased is not exempt. There is no need to determine the purpose of the lease as this land owned by the Council would generally only be exempt (if it wasn’t leased) under section 556(1)(a). From what you described, sections 555(1)(a) and 556(1)(h) do not apply.

Suzi

[Suzi Flynn]

Hi Maria,
The construction of section 516 is wonderful, isn’t it?!
This one is probably up for debate and you might need your own legal advice.

I believe all you need to do is satisfy yourself that the land’s dominant use is for residential accommodation.

Only a hotel, motel, guest-house, backpacker hostel or nursing home have been excluded from the residential rating category within section 516 directly. Section 516(2) allows for the Regulations to prescribe other forms of development that can also be excluded from (and included in) the residential category. Section 516(1)(a) also prevents boarding houses that meet the definition in s516(1A) from being excluded through the Regulations.

Regulation 121 excludes land used for a caravan park or a manufactured home estate from the residential rating category.

To my knowledge, no form or description of a boarding house has been excluded from the residential rating category within the Regulations. Therefore, I do not think a boarding house needs to meet the definition within s516(1A) to be categorised as residential.

All the best,
Suzi

[Suzi Flynn]

Thank you both. What a tiny standard increase – 0.7%. Unbelievable.

[Suzi Flynn]

Absolutely!

[Suzi Flynn]

Hi Neil,

We use titles when we’re provided them and when we know them to be correct, otherwise the field is left blank. Notices will print the title (if the field is not null) plus first and second name initials followed by the surname.

Suzi

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