PUBLIC NOTICE

In accordance with a resolution of the Whitehorse City Council (Council) made at its ordinary  meeting held on 29 April 2024, notice is given that at the ordinary meeting of the Council to be held on 22 July 2024, 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 to the approval and direction of the Council, providing funds to the body known and operating as the Burwood Heights Business Association Incorporated (Business Association) such funds to be used for the purposes of promotion, marketing, business development and the appointment of a part time Shopping Centre Coordinator (Coordinator) as agreed to between the Council and the Business Association (Scheme), all of which are associated with the encouragement of retail and commercial activity and economic development in the Burwood Heights Shopping Centre (Centre).

The Special Charge will be based on geographic criteria, having regard to the location of those rateable properties in the Centre that are being used, or are 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 that is required to pay the Special Charge will receive a special benefit because the viability of the Centre as retail, commercial and professional area will be enhanced through increased economic activity. In particular, the Council considers that as a result of the expenditure of funds on promotion, marketing, business development and the appointment of a part time Coordinator the value and the use, occupation and enjoyment of the properties and the businesses in the Centre will be maintained or enhanced.

In performing functions and exercising powers in relation to activities associated with the encouragement of commerce and retail activity in the Centre, the Council intends to levy and spend an amount of $52,285.55 per annum, raising, in total, total (in the performance of the functions and the exercise of the powers) an amount of $261,428 over the 5 years for the period of the Scheme.  

The Special Charge is to be declared, and will remain in force, for the period commencing 1 September 2024 and ending on 31 August 2029.  

For the period of the Scheme, the Special Charge will be assessed as and comprise the respective amounts that, for the first year, are set out in column 2 of the table forming a part of the proposed declaration of the Special Charge, and for each subsequent year, the Special Charge will comprise the respective amounts that were payable in the immediate preceding year adjusted in accordance with movements in the Consumer Price Index (but shall not be less than the amounts payable in the immediate preceding year), such assessments being set out in the proposed declaration and being applicable to the following rateable properties (which properties comprise the area for which and the land in relation to which the Special Charge is to be declared) –

Street	Property Address
Burwood Hwy	42-50
10-40 Burwood Hwy	1, 2, 3, 4, 5, 6, 7 8, 9, 10-11, 11A, 12, 13
2-8 Burwood Hwy	Shops: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 Suites: 1, 2, 3, 4, 5, 6, 7
Middleborough Rd	50

The Special Charge will be levied by the Council sending a Notice of Levy (Notice) annually to the persons who are liable to pay the Special Charge, which will require that the Special Charge is to be paid – 

• by one annual payment to be paid in full by the date fixed by the Council in the Notice, which will be a date not less than 30 days after the date of issue of the Notice; or 
• by four instalments, to be paid by the dates which are fixed by the Council in the Notice.

In determining the total amount of the special charges to be levied, the Council considers that only those persons who are liable or required to pay the Special Charge will receive a special benefit and that there are no other special benefits or community benefits. This is because the marketing, advertising and promotion of the Centre will only benefit the properties and the businesses that are included in the Scheme.

No incentives will be given by the Council for the payment of the Special Charges before the due date for payment.

The proposed declaration will expire if the Special Charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the Special Charge relates is made.

Copies of the proposed declaration (which includes a detailed map of all properties included in the Scheme area and a table showing the amounts payable by each property by way of the Special Charge for the first year of the Scheme) are available for inspection during normal office hours at the Council offices, 379-397 Whitehorse Road, Nunawading 3131 and on the Internet website of the Council for a period of at least 28 days after the date of the publication of this notice.

Any person may make a written submission to the Council under sections 163A and 223 of the Act.  In addition, any person who is required to pay the Special Charge is entitled to exercise a separate right of objection under section 163B of the Act. An objection under this section must also be in writing. If an occupier wishes to object, they must submit with their objection documentary evidence that it is a condition of their lease that they are required to pay the Special Charge.

Written submissions under section 223 of the Act and/or objections under section 163B of the Act must be received by the Council by 5pm on Wednesday, 5 June 2024. Submissions and/or objections must be in writing and addressed and sent by mail to the Chief Executive Officer, Whitehorse City Council, Locked Bag 2, Nunawading Delivery Centre, 3131 or delivered to the Council at 379-397 Whitehorse Road, Nunawading, 3131. 

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 by a person acting on their behalf before a Committee of the Council, the day, time and place of which will be advised in writing.  

Council will consider any written submissions and take into account any written objections in accordance with sections 163A, 163B and 223 of the Act. 
Any persons requiring further information concerning the proposed declaration of the Special Charge should in the first instance contact Council’s Investment and Economic Development Unit by e-mail on business@whitehorse.vic.gov.au 

Simon McMillan 
Chief Executive Officer 
Whitehorse City Council 

Learn more about the declaration ( PDF 221.04KB)

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