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Questions & Answers from Botany Road REDWatch meeting

At the REDWatch briefing on the Botany Road Corridor a couple of questions were asked that Council said they would respond to after the meeting. These two questions and the answers are below concerning the impact on rates and strata compulsory sale.


Q. Will an ‘upzoning’ increase my rates?

A. Generally, the Council rates charged on an individual property are based on both land values and the use of the property (commercial, residential etc.). The Valuer General gives councils new land values every three years to inform the rates calculations. The rates calculations are based on relative land value, so rates charged will depend on a property’s land value relative to other properties in the local government area. An ‘upzoning’ could increase the land value of a property, which could increase the rates charged on that property, however it should be noted that this is general information and not a prediction of a rates change to any specific site. The land valuation process is complex and influenced by a range of factors, not just development potential. The next land valuation rating by the Valuer General will be in 2022, which will take effect in 2023. More information on determining land values can be found on the Valuer General website:


Q. If I own a unit in a strata building, can I be forced to sell?

A. In November 2016, Part 10 of the Development Act introduced a new way for owners of freehold strata lots (i.e. a unit in a strata building) to end their scheme. This regime facilitates the sale of a strata block for upgrade or redevelopment. The process allows strata owners to collectively sell or redevelop their strata complex in circumstances where at least 75% of owners agree. The strata renewal process includes important checks and balances to ensure fairness and transparency in the process. More information on the strata renewal process can be found on the Registrar General website:


REDWatch Note regarding Overshadowing of South Eveleigh Garden and Public Space


In response to a question about the plan not protecting the Aboriginal Garden at South Eveleigh in the same way it protected public parks Council officers indicated that South Eveleigh was not Council public space and that it was on private land and could disappear at any time. REDWatch has bought to Council's attention that covenants were entered into by UrbanGrowth and Mirvac prior to the sale of this site to Mirvac. Council is the beneficiary of these covenants – this includes a public access covenant that ensures the public can access defined parts of the site, including the Aboriginal garden mentioned at the meeting. While this may remain privately owned, subject to any transfer that may take place in the future to Council, public space remains protected under the covenant and is enforceable by Council. REDWatch is of the view that this space should be treated in the same way as Council controlled public space. Here you can see the ATP Sale - Easement for Access, Oval and Tennis courts and ATP Sale Positive Covenant - Public Access. While Council officers said at the REDWatch briefing that they will investigate the issue we have also been advised that this issue should also be raised when people make submissions. The easement and positive covenant here its existence has already been instrumental in stopping Mirvac expanding structures into Innovation Plaza - REDWatch Submission on Loco Mod 7 encroachment on Public Space.