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Notice of Intention to Declare Special Charge - Aged Services Solar Program

Fri 30 June, 2017


 Aged Services Solar Program

In accordance with a resolution of the Banyule City Council (Council) made at its ordinary meeting held on 26 June 2017, notice is hereby given that at the ordinary meeting of Council to be held on 28 August 2017, it is the intention of Council to declare a Special Charge (Special Charge) under section 163(1) of the Local Government Act 1989 (Act) for the purposes of defraying expenses to be incurred by Council in supplying and installing solar energy systems to those residential properties within the municipal district of the City of Banyule whose owners have agreed to participate in the Council-initiated program known as the ‘Aged Services Solar Program’ (Program or Scheme).

The Special Charge will be based on ownership and geographic criteria and will apply to those households receiving aged service benefits whose owners have agreed to participate in the Program and whose properties have otherwise been classified by Council as receiving a special benefit.

Council considers that the eight properties to be included in the Scheme will receive a special benefit because the funds to be provided under the Scheme will be used to supply and install solar PV (Photovoltaic) systems to assist participating households reduce their energy bills and GHG (greenhouse gas) emissions and thereby enhance the value and the use, occupation and enjoyment of the properties by making them more comfortable and liveable and by improving the property services available to the land.

In proposing the declaration of the Special Charge, Council is performing functions and exercising powers which advocate and promote proposals in the best interests of the community and ensure the peace, order and good government of Council’s municipal district, and otherwise provide improved and sustainable property services for particular residents.

The total cost of performing the functions and exercising the powers and the total amount of the Special Charges to be declared and levied under the Scheme is $26,378.18.

The Special Charge is to be declared, and will remain in force, for the period commencing on 1 January 2018 and ending on 31 December 2027 (being a period of 10 years).

For the period of the Scheme, the Special Charge will be assessed based on an amount which is the value of a fixed contract price to supply and install solar PV (Photovoltaic) systems in the participating properties.

The amounts are assessed and calculated by reference to the size of the solar energy system to be supplied and installed in each property based on an agreement to be signed by each participating property owner.

Properties participating in the Scheme are listed in the table below.

Property address

18 Box Road, Briar Hill 3088

56 Silverdale Road, Eaglemont 3084

15 North Crescent, Heidelberg West 3081

2/10 Central Ave, Ivanhoe 3079

14 Frensham Road, Macleod 3085

69 Ellesmere Parade, Rosanna 3084

Unit 52, 26-46 Rutherford Road, Viewbank 3084

7 Philippa Court, Viewbank 3084


Full details of amounts payable for each property are available in the Council report.

The Special Charge will be levied by the Council sending a notice of levy annually to the persons who are liable to pay the Special Charge, which will require that the Special 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 Charge.

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 or required to pay the Special 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 Charge are solar PV system related and will accordingly only benefit those properties included in the Scheme.

Copies of the proposed declaration of Special Charge (which includes a list of the properties included in the Scheme and the respective amounts payable by each property) are available for inspection during normal office hours 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 Monday 7 August 2017.

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, 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 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 2 August 2017. Submissions and/or objections must be in writing and addressed to the Chief Executive Officer 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 7 August 2017, at 7.00pm in the Council Chamber, 275 Upper Heidelberg Road, Ivanhoe.

All submissions and personal information in submissions will be handled by Council 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.

Any persons requiring further information concerning the proposed declaration of Special Charge should in the first instance contact Council’s Environmental Sustainability Unit on telephone number 9457 9825.


Chief Executive Officer