PUBLIC NOTICE
BANYULE CITY COUNCIL
NOTICE OF INTENTION TO DECLARE SPECIAL RATE AND CHARGE
Montmorency Shopping Village
In accordance with a resolution of the Banyule City Council (“Council”) made at its ordinary meeting held on 29 April 2024, notice is hereby given that at the ordinary meeting of the Council to be held on 26 August 2024 it is the intention of the Council to declare a Special Rate and Charge (“Special Rate and Charge”) under section 163(1) of the Local Government Act 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 Ivanhoe Traders’ Association (“Traders’ Association”), which are to be used for the purposes of contracted support, promotional, advertising, marketing, business development and other incidental expenses to be approved by the Council and agreed to from time to time between the Council and the Traders’ Association, all of which are associated with the encouragement of commerce, retail, and professional activity and employment in the Montmorency Shopping Village (“Shopping Precinct” or “Scheme”).
The Special Rate and Charge will be based on geographic criteria, having regard to the location of those rateable properties in the Shopping Precinct that are used, or reasonably capable of being used for commercial, retail or professional purposes.
The Council considers that each rateable property and each business included in the Scheme area that is liable or required to pay the Special Rate and Charge will receive a special benefit because the viability of the Shopping Centre as a commercial, retail and professional area will be enhanced through increased economic activity.
In performing functions and exercising powers in relation to activities associated with the encouragement of commerce and retail activity in and around the area for which it is proposed the Special Rate will be declared, the Council intends to levy and spend an amount of $61,065 per annum, raising in total an amount of $305,325 over the five year period of the Scheme.
The Special Rate and Charge is to be declared, and will remain in force, for the period commencing on 1 July 2024 and concluding 30 June 2029.
For the period of the Scheme, the collected amount for secondary beneficiaries will be $375 per assessment per annum for a period of five years. Further, the collected amount for primary beneficiaries will be $750 per assessment per annum for a period of five years. The contributions to the Special Rate and Charge are set alongside each property in the proposed declaration of Special Rate and Charge and are applicable to the properties set out in the following table.
| Street Name | Property Numbers (Inclusively) |
| Were Street | Primary beneficiaries: 1, 3, 5, 7, 9, 11, 13A, 15, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 43, 45, 57, 59, 61, 4, 10, 14, 1/16, 2/16, 18, 20, 22, 24, 26, 26A, 28, 30, 36, 38, 40, 42, 44, 49 – 55, 46, 48, 50 Secondary beneficiaries: 17A, 17B, 13 |
| Binns Street | Secondary beneficiaries: 2, 10, 14/4, |
| Rattray Road | Secondary beneficiaries: 51, 53, 57A, 55, 57, 59, 60, |
| Station Road | Secondary beneficiaries: 40 |
The Special Rate and Charge will be levied by the Council sending a notice of levy annually to the persons who are liable to pay the Special Rate and Charge, which will require that the Special Rate and Charge must be paid:
• by four instalments, to be paid by the dates which are fixed by Council in the notice; 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 Rate and Charge. There will be no incentives given for payment of the Special Rate and Charge before the due dates for payment.
For the purposes of having determined the total amount of the Special Rate and 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 or required to pay the Special Rate and Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of the Council, all of the services and activities to be provided from the proceeds of the expenditure of the Special Rate and Charge are marketing, promotion and advertising related and will accordingly only benefit those 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 Special Rate and Charge (which includes a detailed map of all the properties included in the Scheme and the respective amounts payable by each property) are available for inspection on the Banyule City Council website and at any of the Council Offices for a period of at least 28 days after the date of the publication of this notice, being until at least Tuesday 28 May 2024.
Any person may make a written submission to the Council under sections 163A and 223 of the Act and in accordance with Council’s community engagement policy, the community engagement principles in section 56 of the Local Government Act 2020 (“2020 Act”), Council’s public transparency policy and the public transparency principles in section 58 of the 2020 Act (“community engagement and public transparency principles”).
In addition, any person who will be required to pay the Special Rate and Charge to be imposed by the proposed declaration, whether an owner or an occupier of a property included in the Scheme, 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. 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 Rate and 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 the Council by 5pm on Wednesday 29 May 2024. Submissions and/or objections must be in writing and addressed and sent by mail to Banyule City Council, PO Box 94, Greensborough, 3088.
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 at the meeting of the Council on 15 July 2024, the 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 take into account any objections in accordance with sections 163A, 163B and 223 of the Act and the community engagement and public transparency principles.
Any persons requiring further information concerning the proposed declaration of Special Rate and Charge should in the first instance contact Council’s Economic Development Team on telephone number 9242 ... .
ALLISON BECKWITH
Chief Executive Officer
Montmorency 3094
