Agenda item

Campbell Road, Crosley Street and Pilmer Road, Healesville Discussion of Special Charge Scheme

Minutes:

SUMMARY

Council at its meeting on 14 June 2022 considered a report relating to the proposed construction of Campbell Road, Crosley Street and Pilmer Road, Healesville and resolved to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

The construction of Crosley Street will help address road maintenance, dust and stormwater runoff issues which otherwise Council will be asked to consider at its cost, if the project does not proceed.

In March 2021, 81% of landowners responded in support of the scheme.

However, after the Declaration of the Special Charge and the VCAT appeals period had lapsed, a joint letter signed by various landowners in Crosley Street was received, raising objection to the inclusion of Crosley Street in the Special Charge Scheme.

In response (and outside of the legislated process), an additional survey of residents’ support was undertaken to determine the extent of shift in support. 

Landowners in Crosley Street only, were surveyed in October/November 2022 to gauge support for the Special Charge Scheme. The result was a slight majority of landowners did not support construction of the road (6 of 11).

It is recommended the scheme continues as declared in June 2022 and that Crosley Street remains as part of the Special Charge Scheme, on the basis that:

·                The significant majority of landowners across the group of roads were in support of the Special Charge Scheme,

·                The additional survey being conducted outside the SCS process, post declaration under section 163 of the Local Government Act and post VCAT appeals period, and

·                Rescinding a Scheme declared by Council under section 163 of the Local Government Act would undermine the robustness/legitimacy of future SCS decisions by Council,

 

Cr McAllister moved a motion alternate to that printed in the agenda.

In accordance with Governance Rule 29.1, Cr McAllister and Cr Eastham spoke to the Motion.

Moved: Cr McAllister
Seconded: Cr Eastham

That Council resolves

1.      Pursuant to section 164 of the Local Government Act 1989, to discontinue the construction of Crosley Street, as described to Council, as a proposed part of the works in the Campbell Road, Crosley Street and Pilmer Road, Healesville, Special Charge Scheme (Scheme).

2.      Pursuant to section 166 (1)(b) of the Local Government 1989, to vary the Scheme, to remove from the Scheme, the following land and therefore any liability of the relevant owners to pay in respect of such land:

a)        1 Crosley Street, Healesville

b)        2 Crosley Street, Healesville

c)         3 Crosley Street, Healesville

d)        4 Crosley Street, Healesville

e)        6 Crosley Street, Healesville

f)          7 Crosley Street, Healesville

g)        8 Crosley Street, Healesville

h)        9 Crosley Street, Healesville

i)          10 Crosley Street, Healesville

j)          11 Crosley Street, Healesville

k)         12 Crosley Street, Healesville.

3.      To rename the Scheme to the to the “Campbell Road and Pilmer Road, Healesville, Special Charge Scheme”.

4.      To direct that notice of the variation of the Scheme is given to all those liable to pay the rate or charge under the Scheme.

5.         To commit to working with residents of Crosley Street to resolve drainage issues on Crosley Street.

The motion was Carried unanimously.

In Favour:      Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:          Nil