Notice of intention to declare special charge

Published on 16 July 2025

In accordance with a resolution of the Banyule City Council (“Council”) made at its ordinary meeting held on 14 July 2025, notice is hereby given that at the ordinary meeting of the Council to be held on 13 October 2025 it is the intention of the 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 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 Lower Plenty Traders’ Association Incorporated (“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 Lower Plenty Shopping Centre (“Shopping Centre” or “Scheme”).  

The Council considers that each rateable property and each business included in the Scheme area that is liable or required to pay the Special 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 Charge will be declared, the Council intends to levy and spend an amount of $22,750 per annum, raising in total an amount of $113,750 over the 5 year period of the Scheme.  

The Special Charge is to be declared, and will remain in force, for the period commencing on 1 July 2025 and ending on 30 June 2030. 

For the period of the Scheme, the Special Charge will be assessed based on a flat charge of $839.29 per annum for primary properties, Main Road Lower Plenty and $294.64 per annum for secondary properties located at Main Road Lower Plenty. The contributions to the Special Charge are set out alongside each property in the proposed declaration of Special Charge and are applicable to the properties set out in the following table: 

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:  

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 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 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 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 Tuesday 26 August 2025. 

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 4pm on 26 August 2025. 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 22 September 2025, 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.  

Respond to this notice online

Address submission to the Chief Executive Officer, Banyule City Council

Delivered to:
1 Flintoff Street
Greensborough

Posted to:
PO Box 94
Greensborough VIC 3088

Emailed to business@banyule.vic.gov.au

Any person making a written submission is advised that all submissions and personal information in the submission will be handled by Council in accordance with the provisions of the Privacy and Data Protection Act 2014.

Any persons requiring further information concerning the proposed declaration of the Special Charge should in the first instance contact Council’s Economic Development Unit on telephone number 9490 4222.