NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE FOR THE CONSTRUCTION OF A PRINCIPAL PEDESTRIAN NETWORK IN OCEAN GROVE
In accordance with a resolution of Council made at its ordinary meeting held on 23 March 2021, it is the intention of the Council to declare a Special Charge (Scheme) under section 163(1) of the
Local Government Act 1989 (Act) for the purposes of defraying expenses incurred for the construction of a Principal Pedestrian Network (PPN) to create a network of paths (Works) connecting to key community sites such as activity centres, sport facilities and schools in the Ocean Grove township.
The criteria which forms the basis of the Special Charge, is the ownership of rateable land in the area of the
Scheme where properties reside within approximately a five minute walk or 400m of the ‘new’ path network.
In performing functions and exercising powers in relation to the provision of proper, safe and suitable paths in the area for which it is proposed the Special Charge will be declared, Council intends to spend an amount of $6.78 million being the estimated cost of the Works to be undertaken and to levy by way of the Special Charge an amount of $3.17 million under the Scheme.
The Special Charge will be declared for a period of five years commencing on 1 July of the financial year the Works commence. The Special Charge will be levied by a notice to the persons who are liable to pay the Special Charge under an instalment plan which will require:
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That quarterly instalments are to be
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• paid over a period of up to five years commencing at the start of Works, or another period as negotiated; and
That quarterly instalments will include a component for reasonable interest costs after the first six months, the total of which will not exceed the estimated borrowing costs of Council in respect of the construction of the footpath by more than 1 per cent; or
By one annual payment to be paid in full by the due date fixed by Council in the notice, which will be a date not less than 30 days after the date of issue of the notice.
Council will consider cases of financial and other hardship and may reconsider other payment options for the Special Charge. There will be no incentives given for payment of the Special Charge before the due dates for payment.
Having determined the total amount of the Special Charge to be levied under the Scheme, Council considers and formally determines for the purposes of sections 163(2)(a), (2A) and (2B) of the Act that the estimated proportion of the total benefits of the Scheme to which the performance of the function and the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the Special Charge is in an average benefit ratio of 0.50.
This is on the basis that, in the opinion of the Council, there are properties in the Scheme area which will receive a special benefit but which are not included in the Scheme because they are non-rateable properties and community benefits are considered to exist in circumstances where the works will provide tangible and direct benefits to people in the broader community.
Copies of the proposed declaration of a Special Charge and a plan of the Scheme area are available to be viewed through Council’s `Have Your Say’ website page at yoursay.geelongaustralia.com.au/OGPPN or in person at 100 Brougham Street, Geelong for a period of at least 28 days after the publication of this notice.
Any person may make a written submission to the Council under sections 163 A and 223 of the Act.
In addition, any person who will be required to pay the Special Charge to be imposed by the proposed declaration has a right to object to the proposed declaration and may also make a written objection to the Council under section 163 B of the Act.
Written submissions are to be submitted to the Council under section 223 of the
Act and/or written objections to be lodged under section 163 B of the Act must be received by the Council by 5.00pm, Monday 24 May 2021.
Submissions and/or objections must be in writing and addressed and sent either by mail or via the `Have Your Say’ website to:
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Coordinator Revenue Property & Valuations, City of Greater Geelong, PO BOX 104, Geelogn, VIC 3220
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Any person who has made a written submission and has requested to be heard in support of their written submission is entitled to appear in person or to be represented by a person specified in the submission before a Committee appointed by the Council to hear submissions, the day, time and place of which will be advised in writing.
All submissions and personal information in submissions will be handled as authorised or required by law, including under the Privacy and Data Protection Act 2014.
Council will consider any written submissions and/or objections in accordance with the Act before resolving whether to commence the statutory process to declare a Special Charge at its ordinary meeting to be held on 28 September 2021.
Any person requiring further information concerning the proposed declaration of Special Charge should contact Rob Leeson, Coordinator Design and Services on
5272 5272 or by email at OGPPN@ geelongcity.vic.gov.au
CAROLE RUITER,
COORDINATOR REVENUE PROPERTY & VALUATIONS
FINANCIAL SERVICES