Scheme No. 2204 - Special Charge Street Construction Scheme
Notice of Intention to declare a Special Charge for the construction of Ellen Avenue & Davies Street (CH350-CH450), Seaspray
In accordance with a resolution of the Wellington Shire Council (Council) made at its ordinary meeting held on 20 December 2022, notice is given that at the ordinary meeting of the Council to be held on 18 April 2023. It is the intention of the Council to declare a Special Charge (Special Charge or Scheme) under section 163(1) of the Local Government Act 1989 (Act) for the purposes of defraying any expenses or repaying (with interest) any advance made to or debt incurred or loan to be raised by Council in relation to the construction of Ellen Avenue and Davies Street (CH350 – CH470) in Seaspray and for providing all and any necessary ancillary works associated with the construction of the street, including driveway crossovers. The Scheme, if declared, is to be known as the ‘Ellen Avenue, Seaspray - Special Charge Street Construction Scheme Number 2204’.
The criteria which will form the basis of the Special Charge are the ownership of rateable properties in the area of the Scheme and, based on the application of access benefit units (including having regard to the driveway access of those properties in the Scheme), the overall benefits which it is considered the properties in the Scheme (based on the physical and other benefits) will receive from the works to be provided under the Scheme.
The Council considers that each rateable property included in the Scheme area that is liable or required to pay the Special Charge will receive a special benefit through the provision of proper, safe and suitable roads and property services. Without limitation, Council considers that the works will –
• Reduction in dust;
• Enhance the amenity and character of the land, and local area;
• Creation of improved riding surfaces for the road;
• Improve access and egress from properties;
• Improve road surface drainage; and
• Improved road safety for road users.
In performing functions and exercising powers in relation to the peace, order and good governance of the municipal district of the Shire of Wellington, in particular, the provision of proper, safe and suitable roads and property services in the area for which the proposed Special Charge will be declared, the Council intends to spend an amount of $395,000 being the estimated cost of the works to be undertaken, and to levy by way of the Special Charge an amount of $113,200.
The Special Charge will commence on the date on which it is levied by Council and will remain in force for a period of 5 years.
For the period of the Scheme, the Special Charge will be assessed by Council as (and the respective charge being $3,600 is based on) a fixed charge for each property having regard to access, including and in particular, driveway access.
Properties which have a shared driveway access to the street to be constructed via common property will have their access benefits calculated on the basis of 100% for the first property and 50% for each additional property (with access being apportioned to each of the properties so as to equal the sum of the percentages divided by the number of properties with common property access), and any other benefits.
Subject to any further resolution of Council, the Special Charge will be levied by Council sending a notice in the prescribed form to the owners of the properties in the Scheme by which the Special Charge is to be paid –
a) In full amount within 45 days of the notice; or
b) By way of quarterly instalments in the manner set out below.
Because the performance of the function and the exercise of the power in respect of which the Special Charge is to be declared and levied relates substantially to capital works, special ratepayers will be given an instalment plan under which –
a) Quarterly instalments are to be paid over a 5 year period, or other such period as negotiated; and
b) Quarterly instalments will include a component for reasonable interest costs, the total of which will not exceed the estimated borrowing costs of Council in respect of the construction of the Road by more than 1 per cent.
c) Quarterly installment invoicing will commence within 12 months of the scheme declaration.
Council will consider cases of financial and other hardship, and may consider 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.
For the purposes of having determined the total amount of the Special Charge to be levied under the Scheme, the 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 a ratio of 0.85 or 85%. This is also on the basis that, in the exercise of its discretions, Council has chosen to make a further contribution to the cost of the works so as to arrive at a revised maximum total levy amount of $113,200.
Copies of the proposed declaration of the Special Charge and a detailed plan of the Scheme area are available for inspection at the Wellington Shire Council Offices, 18 Desailly Street, Sale 3850 during normal business hours for a period of at least 28 days after the date of the publication of this notice.
Any person may make a written submission to the Council under sections 163A 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 163B of the Act.
Written submissions to be submitted to the Council under section 223 of the Act and/or written objections to be lodged with the Council under section 163B of the Act must be received by the Council by 5pm on 17 February 2023. Submissions and/or objections must be in writing and addressed and sent by mail to the Chief Executive Officer, Wellington Shire Council, PO Box 506, Sale VIC 3850.
Any person who has made a written submission under section 223 of the Act and has requested to be heard in support of their written submission is entitled to appear in person or be represented by a person specified in the submission before a Committee appointed by the Council to hear submissions under section 223 of the Act, the day, time and place of which will be advised in writing.
Any person making a written submission under section 223 of the Act is advised that the Council is no longer required to make available for public inspection submissions received in accordance with section 223 of the Act. Accordingly, all submissions will be handled as authorised or required by law, including under the Privacy and Data Protection Act 2014, and submissions and/or objections may, as Council sees fit, become available for public inspection.
Council will consider any written submissions and take into account any objections in accordance with sections 163A, 163B and 223 of the Act.
Any person requiring further information concerning the proposed declaration of the Special Charge should in the first instance contact Tilo Junge on telephone 1300 366 244 or 5142 3217 or email email@example.com
Chief Executive Officer