Proposed Declaration of the Clayton Activity Centre Special Charge

Notice is hereby given that Monash City Council (“Council”) resolved on 13 December 2022 to give public notice of its intention to declare a Clayton Activity Centre Special Rate and Charge Scheme (“Proposed Scheme”) pursuant to section 163 of the Local Government Act 1989 (the “Act”).

The Proposed Scheme will be declared for the purpose of defraying marketing, management, business development and other incidental expenses associated with the encouragement and development of commerce, trade and associated employment in the Clayton Activity Centre (“Centre”).

It will commence on 1 March 2023 and remain in force for a period of 5 years, ending 29 February 2028.

The proposed Clayton Activity Centre Special Rate and Charge (“Levy”) is to be levied on all rateable land located within the Centre which is primarily used, or adapted or designed to be used, for commercial purposes. The Proposed Scheme area appears below.

A copy of the proposed declaration, including a detailed map of the Proposed Scheme area, is available for inspection at the Council offices at 293 Springvale Road, Glen Waverley for at least 28 days after the date of this notice.

It is proposed that the Levy will be assessed and levied as follows: 

The CIV of each property, to which the Clayton Activity Centre Special Levy will apply, is the CIV applicable to it at the time of levying the Clayton Activity Centre Special Levy for the first year, and then as at 1 July in each subsequent year of the Scheme, noting that the CIV may change in the period during which the Clayton Activity Centre Special Levy is in force, reflecting any revaluations and supplementary valuations which take place.

The Clayton Activity Centre Special Levy will be adjusted each year by an amount equal to the March Quarter Consumer Price Index (CPI) as published prior to the annual Clayton Activity Centre Special Levy renewal on 1 July for each year of the Scheme, with the first adjustment to be made on 1 July 2024.

It is proposed that the Levy will be levied by sending notices to the persons liable to pay it. Payments are to be made in either 4 instalments or a lump sum, in accordance with Council’s general rate collection process.

In the first year, the Proposed Scheme is estimated to raise $125,370. The Proposed Scheme is estimated to raise $626,850 in total over 5 years, exclusive of any CPI and CIV adjustments.

Council considers that each rateable property included in the Proposed Scheme area that is required to pay the Levy will receive a special benefit, because the viability of the Centre as a commercial, retail and professional area will be enhanced through increased economic activity.

Submissions

Any person may make a submission in relation to the Proposed Scheme.

Submissions must be lodged by 5pm Friday 20 January 2023 and will be considered in accordance with section 223 of the Act.

A person making a submission is entitled to request in the submission that they wish to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission. Submissions will be heard by a Committee of Council at a meeting on Tuesday 14 February 2023 at 6.30pm (or such other date and time as Council subsequently determines).

Any person making a written submission under section 223 of the Act is advised that details of submissions may be included within the official Council agendas and minutes which are public documents, and which are available on Council's website. 

Objections

Any person who will be required to pay the Levy is also entitled to exercise a right of objection under section 163B of the Act. An occupier of a property is entitled to exercise the right of objection if they submit documentary evidence with their objection which shows that it is a condition of their lease that they are liable to pay the rates and charges levied in respect of the property.

Objections must be made in writing and lodged by 5pm Friday 20 January 2023.

The right of objection is in addition to the right to make a submission.

Submissions and/or objections must be in writing and addressed and sent by mail or email to:

Coordinator – Economic Development
City of Monash
293 Springvale Road
GLEN WAVERLEY VIC 3150

Email: ecodev@monash.vic.gov.au

Council will consider whether to declare the Levy at its meeting on Tuesday 28 February 2023 (or such other date as Council subsequently determines).

Any person requiring further information concerning the proposed declaration of the Levy should in the first instance contact the Economic Development team on 03 9518 3674 or email ecodev@monash.vic.gov.au

DR ANDI DIAMOND

CHIEF EXECUTIVE OFFICER