Asbury Street West, Ocean Grove

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Project Update - 5 December 2023

At its meeting on 24 October 2023, Council resolved its intention to declare a Special Charge Scheme under section 163(1) of the Local Government Act 1989 for the purpose of defraying expenses incurred for the road construction at 14 - 20 Asbury Street West, Ocean Grove.

A Public Notice has been re advertised (Thursday 7 December in the Times (Geelong Times, Bellarine Times and Armstrong Creek Times), Friday 8 December in the Geelong Independent and Saturday 9 December in the Geelong Advertiser) providing the date of the March Council meeting.

A copy of this notice will be sent to you in the mail and by e-mail address to those properties where this is available.

The closing date for submissions is 5pm on Tuesday 23 January 2024.

If you have any questions, please contact us via one of the following methods:

Process steps explained

As outlined in the 1989 Local Government Act, the following statutory steps will be followed with every Special Rate and Charge Scheme.

The SRC process may be initiated by the City, property owners or residents within the area.

The level of preliminary investigation, survey and consultation will usually depend on the complexity of the issues surrounding the need for the infrastructure.

The City will generally seek the views of all those owners who may be the subject of a scheme and make an assessment of the degree of support before proceeding.

The City views consultation as an essential element of all SRC Schemes. This may be done in various ways depending on the circumstances and may include correspondence, brochures, public meetings, personal contact etc.

Councilors and Council Officers are always available to provide information and importantly to receive feedback on property owner’s views and opinions.

The Local Government Act requires the City to carry out certain formal processes:

A report is presented with all details of a scheme and the City may resolve its “Intention to declare a "Special Rate or Charge”.

The scheme is then advertised (Geelong Advertiser) and at the same time a letter of advice sent to all owners.

The process provides for owners to make submissions and objections to Council regarding any aspect of the scheme, which must be lodged within 28 days.

A Submissions Review Panel of Councilors is then convened and submitters may address this Panel.

The Panel having considered all submissions and information makes a recommendation to the City.

A detailed report is then placed before the Council which includes the Submissions Review Panel recommendation and if the Council resolves to proceed, the SRC Scheme is declared. The Council may at this stage also modify or abandon the scheme.

Given a resolution to declare the SRC Scheme, a notice is issued to each owner liable to pay the charge. This indicates the estimated amount of the rate or charge and advises of rights to seek a review via the Victorian Civil and Administrative Tribunal (VCAT). An application to VCAT must be lodged within 30 days of the issue of the Council notice.

On application, VCAT will conduct a hearing and advise all parties of its decision.

Within 12 months of the scheme being declared, the City will send a payment option form and then start to send invoices to collect payments for the scheme.

When works are completed, the costs are finalised and an adjustment made to each owners costs to reflect the actual, final costs. Where the finalised actual costs are lower than the amount paid a refund will be provided.

On completion of works, a final report will be provided to Council to advise of the final costings. Residents will be advised of any cost adjustments at this time. Please note that in line with the Local Government Act 1989 and in consultation with the Local Government Act 2020, should the project go over budget, residents will never be charged more than a further 10% or the original cost.

Timeline

Timeline item 1 - complete

Project Commences

Project Initiation commenced in April 2022.
Timeline item 2 - complete

Community Engagement

Benefitting property owners were invited to have their say on the proposed road upgrade via our survey.
Engagement was live 17 April 2023 - 15 May 2023.
Timeline item 3 - complete

Community Feedback Reviewed

7 properties were contacted. 6 properties responded. All 6 properties supported the road upgrade via a Special Charge scheme.
Timeline item 4 - complete

Community informed of next steps

Letters were sent to all benefitting property owners on 29/09/23 to advise of the next steps.
Timeline item 5 - active

Intention to Declare Submission period open

Council resolved its intention to declare the SRC scheme at its meeting on 24 October 2023.
A public notice will be re advertised 9 December 2023 with a copy of the advert being sent to property owners on Monday 11 December 2023.
The closing date for submissions is 5pm on Tuesday 23 January 2024.
Timeline item 6 - incomplete

Submission Review
Timeline item 7 - incomplete

Declaration report presented to Council
Timeline item 8 - incomplete

Residents informed of the outcome
Timeline item 9 - incomplete

Contract tender process / Procurement

An advert will be placed to invite tenders from construction companies to perform these works.
A contract will then be drawn up and signed. Residents will be notified when the works will commence.
Timeline item 10 - incomplete

Opportunity to object to VCAT

Benefitting property owners now have the opportunity to object to VCAT (Victorian Civil Administrative Tribunal). Submissions close at 5pm on ?

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Contact Us

Have questions or want to learn more about a project, contact us below:

Name	Alison McGorman, Project Manager
Phone	03 5272 4608
Email	engineeringplans@geelongcity.vic.gov.au
Website	yoursay.geelongaustralia.com.au/
In writing	PO Box 104 Geelong Vic 3220