FAQ

Section 163 of the Local Government Act 1989 provides Council with the authority to levy charges against property owners deemed to receive special benefit from a new infrastructure improvement work such as roads, footpaths, drains and/or kerb and channel that have not been formally constructed.

Council generally introduces a Special Charge Scheme (SCS) to partially fund improvements to existing infrastructure which is inadequate in meeting current community needs and expectations. 

A SCS will only be levied against a defined group of properties who will derive a benefit from the proposed works.

The process of identifying the level of support to a Special Charge Scheme (SCS), by way of a questionnaire, is the first stage of initiating a Scheme. The questionnaire’s results will be reported to Council and if Council resolves to proceed past this stage, a formal statutory process will be undertaken in accordance with the provisions of Section 163 of the Local Government Act 1989 whereby Council will be required to:

·  Define the boundary of the Scheme;

·  Identify all properties to be included in the scheme, including Council owned properties;

·  Establish construction standards;

·  Prepare a detailed cost estimate and

·  Prepare an apportionment of costs which shows the estimated cost to be apportioned to each property for the works proposed to be recovered from property owners.

Formal notices will be forwarded to all property owners at the commencement of the statutory process of Council’s intention to declare a special charge to be included in the scheme and placing public notices in the local press.

At this stage, property owners may make written submissions/objections should they have issues associated with the proposal and if they wish, indicate to appear in person to present their case to a committee of Council.

Following consideration of all submissions, Council has a number of options, in which Council may:

·  Abandon the scheme;

·  Modify the scheme or

·  Proceed with the scheme in accordance with the proposal.

If Council decides to proceed with the proposal it must do so by formally declaring the Special Charge which is carried out by a formal resolution of Council. Following this declaration a notice will be served on all property owners in the scheme detailing the cost to be recovered from each property and provides information on the rights of property owners to appeal the Council decision.

A Council decision to declare a SCS can be appealed by application to the Victorian Civil and Administrative Tribunal (VCAT) who will appoint a panel to hear both Council and the appellants.Property owners who appeal the Council decision may do so by making written submissions to VCAT. The decision of VCAT is final and binding. If VCAT upholds the scheme after the hearing, property owners will be required to pay the declared special charge.

The proposed works to be included in the Special Charge Scheme for King Street (between Victoria Street and Blackburn Road) are:

• 25 per cent of the cost of the footpath on the southern side of King Street; and
• the full cost of:

             - constructing vehicle crossings (driveways) [with the exception of previously constructed vehicle crossing (driveways)]

King Street (between Victoria Street and Blackburn Road) will be classified as a Council Link Road upon finalisation of the ‘swap’ for care and management of the road between VicRoads and Council. Council recognises that the broader community benefits from the contribution that Link Roads provide. Accordingly when reconstructing a Link Road, Council funds the full cost of the works between back of kerbs, i.e. road pavement, kerb & channel and underground drainage.

This section of King Street has been identified as part of Council’s Principal Pedestrian Network (PPN) and forms part of Council’s Bicycle Strategy route. As such, the cost of constructing bicycle and pedestrian shared path along the north side of King Street will also be fully funded by Council.

Council policy also provides for Council to fund 75 per cent of the cost non-PPN footpaths along Link Roads. Therefore, 75 per cent of the cost of constructing the footpath on the south side of King Street will be borne by Council and property owners will contribute the remaining 25 per cent.

Council’s contribution to the project is summarised as below:

·  Road pavement;

·  Kerb and channel;

·  Underground drainage;

·  Shared path on the north side of King Street; and

·  75 per cent of the cost of footpath on the south side of King Street.

See FAQ What is Council’s contribution to the project?

There are a number of properties, particularly on the south side of King Street, between the Roseville Retirement Village and Blackburn Road, where formalised concrete footpath already exist. If formalised footpath already exists across your property frontage, you will not be required to contribute to the cost of the footpath as part of the Special Charge Scheme. 

A vehicle crossing is the part of the driveway that runs between the kerb and channel and the property boundary, to provide safe and effective vehicular access to properties. Council has power under the provisions of Section 206 and Schedule 10 of the Local Government Act 1989 to require property owners to formalise vehicle crossings (driveways). As the vehicle crossing (driveway) will be for the exclusive use of the property, the property owner is required to pay for the cost of these works. 

In order to achieve a consistent streetscape along King Street, Council proposes to replace all affected vehicle crossings (driveways) with a plain concrete finish.  It should be noted that most of the vehicle crossings (driveways) along this section of King Street will require some form of alteration works.  Any alterations to a formally constructed vehicle crossing (driveway) will be undertaken at Council’s cost.

If your vehicle crossing (driveway) is already formally constructed in asphalt, concrete, coloured pattern-paved concrete, you will not be required to contribute to the cost of its reconstruction. 

Council’s current practice requires the abutting property owner to fund the cost of constructing indented parking at the front of their property as the parking bay is deemed to be a special benefit to the abutting property owner.

The parking bays will be constructed with an asphalt surface with concrete kerbs in accordance with Council’s standard Parking Indent Abutting Vehicle Crossing (driveway) as shown below:

No.  While the parking bay is constructed at the abutting property owner(s) expense, it is still a public asset constructed on public land and available for use by the general public.

No. Victorian Road Safety Rule No. 197 states:

A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area, unless:

a)  the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these Rules; or

b)  the driver's vehicle is a motor cycle and the driver stops in a place where the motor cycle does not inconvenience, obstruct, hinder or prevent the free passage of any pedestrian or other vehicle; or

c)  the driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the Road Safety Act 1986.

Yes, so long it is in accordance with the Victorian Safety Road Rules. For example:

·  If the road has a continuous dividing line or a dividing strip, the driver must position the vehicle at least three metres from the continuous dividing line or dividing strip, unless otherwise indicated by information on or with a parking control sign.

·  If the road does not have a continuous dividing line or a dividing strip, the driver must position the vehicle so there is at least three metres of the road alongside the vehicle that is clear for other vehicles to pass, unless otherwise indicated by information on or with a parking control sign.

·  The driver must position the vehicle so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians.

Under Council’s Special Rates and Charges Contributory Projects policy property owners are required to contribute the full cost of street trees and landscaping for full and partial construction of Link (Council Arterial) Roads.  Upon completion of the road swap (see Project Background), King Street will become a Council Link Road.

The specific costs for each property for the various aspects of the project for inclusion in the Special Charge Scheme are not known until the scheme costs are apportioned (see FAQ Can I object to the Special Charge Scheme)

However as a guide, the preliminary estimated costs (excluding GST) are in the order of:

·  Footpaths – $400.00 for a typical 18m frontage;

·  Vehicle Crossing (driveway) – $1,800.00 for a typical 3m wide by 4m long vehicle crossing (driveway);

·  Parking Bays – $3,500.00 for a typical 2.5m wide by 6m long indented parking bay; and

·  Other Costs (Trees and nature strips) - $950.00

Council’s default position is to allow property owners to pay for the Special Charge over a period of time. Your charge can be paid over a maximum of 10 years, in 40 quarterly instalments. Financing costs, which are generally similar to home loan interest rates, will however apply. 

The charge is paid in the same manner you pay your general Council rates.

Alternatively you may pay the special charge as a lump sum payment, which does not incur financing costs. In this case your total charge for the works must be paid by the date nominated in the invoice.

In accordance with the provisions of Section 166 of the Local Government Act 1989, Council is unable to vary the Special Charge by more than 10 per cent without making a further declaration under the provisions of Section 163 of the Act.

See Project Background 

Bus stop facilities are under the care and management of Public Transport Victoria (PTV).  Council officers have consulted with representatives from PTV about the possibility of consolidating the number of bus stop facilities along King Street (between Victoria Street and Blackburn Road).  PTV has investigated the utilisation of the bus stops in this section of King Street and found that they are fully utilised.  Consequently PTV has provided the consent to the works on the basis that all current bus stops be retained.

PTV  has also indicated they they do not support indented bus bays along this section of King Street and consequently the design proposal retains all existing bus stops as on-road facilities.

During the design phase of the project, every effect has been made to minimise any loss of vegetation however a number of trees will need to be removed during the progress of the works.

The following trees along King Street are proposed to be removed:

·  A small tree on south side opposite Ashcroft Avenue;

·  The row of pine trees on the north side east of the Tuckers Road intersection; and

·  Five gum trees on the south side adjacent to the Roseville Retirement Village.

It is envisaged that suitable replacement trees will included as part of the overall landscape plan for this section of King Street.

The total estimated budget for all of the works to reconstruct King between Victoria Street and Blackburn Road is $6.75 million.

The estimated cost to be recovered from property owners is $220,000.00 (not including driveways or parking bays).

See Project Timeline 

Yes, it is not feasible to undertake the works without disruption to traffic.  It is intended that King Street remain open during the works, however at times there will be some delay to motorists travelling along the road.  The contractor engaged to undertaking the works will be required to minimise disruptions while maintaining a safe environment and implement appropriate traffic management arrangements.

King Street is a declared arterial road under the care and management of VicRoads and has been for a significant number of years. Council has advocated on behalf of residents over the last 12 years for VicRoads to fully construct the road at the cost of the State Government.

The State Government has indicated that King Street is not a high priority road for reconstruction on their arterial road network and that it would be some time before the road would be reconstructed by the State Government.

This resulted in Council taking the initiative to undertake a swap of a Council Road which would become an arterial road for King Street.