Barrak Corporation Pty Ltd v Parramatta City Council [2014] NSWLEC 177

Barrak Corporation Pty Ltd v Parramatta City Council [2014] NSWLEC 177

No error of law was established. Because Business General was a residual sub-category and Business CBD was the only possible alternative, it was not legally erroneous for the Commissioner to consider whether there were reasonable grounds to believe the Property was within the Business CBD centre of activity in deciding whether there were reasonable grounds to believe it was not within Business General. The Commissioner considered the relevant factors, including zoning, use, built form, geography and parking, and made an evaluative judgment open on the facts that the Business CBD centre of activity could comprise a core, middle and fringe and that the Property was in the fringe. The...

Jurisdiction
Australia
Judgment Date
18 November 2014
Procedural Posture
Class 3 Rating Matter; Appeal Under S 56 a of the Land and Environment Court Act 1979 Limited to Questions of Law / Appeal to a Judge From a Commissioner’s Decision Dismissing an Appeal From Council’s Refusal to Change the Property’s Rating Sub Category From Business CBD to Business General
Outcome
Appeal dismissed with costs.
Legal Topics
['categorisation of Rateable Land' 'business Rating Sub Categories' 'centre of Activity Under S 529(2)(d) Local Government Act 1993' 'application Under S 525(1)(b) Local Government Act 1993' 'appeal Limited to Questions of Law Under S 56 a Land and Environment Court Act 1979']
['local Government' 'rates' 'land and Environment Court Procedure' 'planning and Environment'] ['categorisation of Rateable Land' 'business Rating Sub Categories' 'centre of Activity Under S 529(2)(d) Local Government Act 1993' 'application Under S 525(1)(b) Local Government Act 1993' 'appeal Limited to Questions of Law Under S 56 a Land and Environment Court Act 1979']

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Procedural Posture

Class 3 Rating Matter; Appeal Under S 56 a of the Land and Environment Court Act 1979 Limited to Questions of Law / Appeal to a Judge From a Commissioner’s Decision Dismissing an Appeal From Council’s Refusal to Change the Property’s Rating Sub Category From Business CBD to Business General

Legal Issues

  1. 1 ['Whether the Commissioner erred in law by failing to apply the correct test under s 525(3) of the Local Government Act 1993 and instead asking the converse question about the Business CBD sub-category' 'Whether the Commissioner erred in law by failing to adopt a polycentric decision-making process' 'Whether the Commissioner erred in law in concluding that a centre of activity for the Business CBD rating sub-category could include a fringe' 'Whether the Commissioner erred in law by taking into account the Property’s business zoning' 'Whether the Commissioner erred in law by failing to cite or consider evidence concerning B1 zoned land elsewhere and parking meter removal']

Ratio Decidendi

No error of law was established. Because Business General was a residual sub-category and Business CBD was the only possible alternative, it was not legally erroneous for the Commissioner to consider whether there were reasonable grounds to believe the Property was within the Business CBD centre of activity in deciding whether there were reasonable grounds to believe it was not within Business General. The Commissioner considered the relevant factors, including zoning, use, built form, geography and parking, and made an evaluative judgment open on the facts that the Business CBD centre of activity could comprise a core, middle and fringe and that the Property was in the fringe. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.' 'The exhibits may be returned.']