Sydney Road Brunswick shopping - Proposed combination special rate and charge scheme
Notice of intention to declare a combination special rate and charge for the Sydney Road Brunswick Shopping precinct
In accordance with a resolution of the Council made at its ordinary meeting held on Wednesday 14 March 2018, notice is given that at the ordinary meeting of the Council to be held on Wednesday 13 June 2018, it is the intention of the Council to declare a combination of a Special Rate and Charge (Special Charge or Scheme) under section 163(1) of the Local Government 1989 (Act) for the purposes of defraying expenses to be incurred by the Council in (administratively only and subject always to the approval, direction and control of the Council) providing funds to the incorporated body known and operating as the Sydney Road Brunswick Association (SRBA) such funds to be used for the purposesof defraying promotional, advertising, marketing and business development expenses as approved by the Council and agreed to between the Council and the SRBA, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Sydney Road Brunswick Shopping Precinct (Precinct).
The Special Charge will be based in geographic criteria, having regard to the location and ownership or occupation of those rateable properties in the Precinct which are used, or reasonably capable of being used, for commercial, retail and professional purposes, together with their respective tiered benefit classifications further details of which are set out below.
The Council considers that each rateable property and each business included in the Scheme area liable or required to pay the Special Charge will receive a special benefit because the viability of the Precinct as a commercial, retail and professional area will be enhance through enhanced economic activity.
In declaring the Scheme, the Council is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the City of Moreland, in particular the encouragement of commerce, retail and professional activity in and around the area the area for which the Scheme is to be declared.
The Scheme is to be declared, and will remain in force, for the period commencing 1 July 2018 and ending on 30 June 2023.
In performing the functions and exercising the powers for which it is proposed the Special Charge will be declared, the Council intends to levy during the period of the Scheme the following amounts:
- For the first year of the Scheme (being the period 1 July 2018 to 30 June 2023), an amount of $344,190
- For the second year of the Scheme (being the period 1 July 2019 to 30 June 2020), an amount of $344,190
- For the third year of the Scheme (being the period 1 July 2020 to 30 June 2021), an amount of $344,190
- For the fourth year of the Scheme (being the period 1 July 2021 to 30 June 2022), an amount of $344,190
- For the fifth year of the Scheme (being the period 1 July 2022 to 30 June 2023), an amount of $344,190
For the total period of the Scheme, a total amount of $1,720,950 will be levied.
The land and the properties in relation to which the Scheme is to be declared is all the land and properties described in the following street addresses -
- 30-890 (inclusive) and 29-881 (inclusive) Sydney Road
- 1-8 (inclusive) Sparta Place
- 2-22 (inclusive) Tripovich Street
The Special Charge will be assessed and levied on the basis of a rate in the dollar applied to the capital improved value (CIV) of each property included in the Scheme (such values to be initially determined and as in force as at 1 July 2018) and –
For the first, second, third, fourth and fifth years the following amounts are specified as being payable by those properties in the following tiered benefit classifications Special Charge payable by the properties in the
Tier 1 – (CIV $0 – $399,000) properties pay $260
Tier 2 – (CIV $400,000 – $599,000) properties pay $330
Tier 3 – (CIV $600,000 – 799,000) properties pay $445
Tier 4 – (CIV $800,000 – 999,000) properties pay $585
Tier 5 – (CIV $1,000,000 – 1,999,000) properties pay $670
Tier 6 – (CIV $2,000,000 – 2,999,000) properties pay $1100
Tier 7 – (CIV $3,000,000 – 3,999,000) properties pay $1500
Tier 8 – (CIV $4,000,000 +) properties pay $1900
The properties included in the Scheme will otherwise be subject to general revaluations and supplementary valuations on the same cycle as Moreland City Council general rates and charges.
The Special Charge will be levied by the Council sending a notice to the persons who are liable to pay the Special Charge which will require that the Special Charge must be paid in the following manner –
- By one annual payment to be paid in full by the due date fixed by the Council in the notice which will be a date not less than 30 days after the issue of the notice; or
- By four instalments to be paid by the dates which are fixed by the Council in the notice.
The Council will consider cases of financial or 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.
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 to which the performance of the functions and the exercise of the powers relate (including the special benefits and community benefits) that will accrue as special benefits to the persons who are liable or required to pay the Special Charge is in a ratio of 1:1 (or 100%). This is on the basis that the Council considers all the services and activities to be provided from the proceeds of the expenditure of the Special Charge are marketing, promotion, advertising and business development related, and will accordingly only benefit these properties and businesses included in the Scheme that are used or reasonably capable of being used for retail, commercial or professional purposes.
Copies of the proposed declaration of the Special Charge and a detailed plan of the Scheme area are available for inspection at the Brunswick Town Hall, 233 Sydney Road Brunswick or the Coburg Council Offices, 90 Bell Street Coburg during normal business hours for a period of at least 28 days after the publication of this notice.
Make a submission to Council
Any person may make a 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, whether an owner or an occupier of a property included in the Scheme, has the right to object to the proposed declaration, and may also make a written objection to the Council under 163B of the Act.
An occupier is entitled to exercise the right of objection if they submit documentary evidence with the objection which shows that it is a condition of the lease under which the person is an occupier that the occupier is to pay the Special Charge.
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 Council by 5 pm on Wednesday 25 April 2018.
Submissions and/or objections must be in writing. Please indicate if you wish to speak at the Council meeting in support of your submission.
Submissions should be addressed and sent by mail to:
Manager Economic Development
Moreland City Council
Locked Bag 10
MORELAND VIC 3058
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 to be represented by a person specified in the submission before the Council (or a Committee of the Council appointed by Council) 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 not required to make available for public inspection submissions received in accordance with section 223 of the Act. Accordingly, 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.
The 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 or the Scheme should in the first instance contact Hayley Rosenboom, Retail Facilitation Officer, Economic Development on (30) 9240 2462 or email Council Retail Facilitation Officer.