Approval Date: 8 April 2024
Background
Special Charge Schemes provide a legislated process by which Council can levy property owners a rate or charge in addition to statutory rates and fees to contribute to the cost of new infrastructure or upgraded infrastructure in situations where a group of property owners receive a special benefit that does not extend to other property owners within the municipality.
Overtime Council infrastructure has been either constructed by Council or gifted to Council through land development. The standard of infrastructure and the level of infrastructure provision reflects the prevailing standards of the time of development.
Contemporary infrastructure provision standards for land development require a higher level of infrastructure provision than the requirements that prevailed in the past. The level of infrastructure provision may positively influence property values at the time of original sale and continue to influence property values through time.
Upgrading infrastructure within a neighbourhood can provide a special benefit to property owners in terms of amenity and/or property value in isolation to other property owners in the municipality.
Provision of a special benefit is the foundation that underpins the legislative mechanism for Council to levy benefiting property owners.
Latrobe City Council subject to available funding will support Special Charge Schemes that facilitate the upgrade of infrastructure to the extent that the upgrade is up to the level of infrastructure provision outlined in this policy.
Infrastructure provision zones for the purposes of this policy are linked to like land use based on the current land use and while reflective of planning scheme zones are not the same.
Property including road reserves has been classified to an Infrastructure Provision Zone as per Table 1.
| Table 1: Latrobe City Council Infrastructure Provision Zones | |
| Urban : | Rural: |
| Activity Centre | Hamlet |
| Neighbourhood | Rural Living |
| Industrial | Agrarian (General farming & Rural activities) |
| Small Town | Remote (includes Remote Rural Living) |
| Low Density Residential | |
| Farming | |
Provision and standard of infrastructure for each Infrastructure Provision Zone is outlined in Appendix 1. This Attachment forms a key reference when assessing expressions of requests for infrastructure improvements under this policy.
A map depicting the infrastructure Provision zones is attached as Appendix 4.
Objectives
The objectives of this policy are:
- To ensure all relevant circumstances are properly defined and considered when Special Charge Scheme requests are reported to Council for adoption.
- To ensure fair, reasonable, and consistent practices are followed to maximise opportunities for community participation and consultation in relation to Special Charge Schemes.
- To ensure fairness and equity in the imposition of Special Charges and the apportionment of costs based on total benefits, including special benefits and community benefits, for the property owners included in Special Charge Schemes.
- To ensure the resources of Council are used to best meet the needs of the local community.
- To ensure compliance with the requirements of the Local Government Act 1989 in relation to the performance of the functions of Council and the exercise of its powers in connection with the declaring and levying of Special Charges.
- To ensure transparency, accountability and consistency in Council decision making.
- Not to supersede Australian Standards, Latrobe City Planning Scheme, or current greenfield development standards.
Scope
The application of Special Charge Schemes is restricted to the provision of and/or upgrade of infrastructure up to the Infrastructure Provision outlined in this policy which provides a special benefit to specific property owners for the following infrastructure
improvements:
- a) Sealing / upgrade of roads
- b) Construction of kerb and channel
- c) Construction of pathways and pathway infrastructure
- d) Construction of CFA and Garbage truck turning points
- e) Upgrade of road drainage
- f) Provision of traffic management (LATM) infrastructure
- g) Provision of footpaths and pedestrian infrastructure
- h) Provision of parking
- i) Provision of public lighting
- j) Provision and/or upgrade of drainage (Stormwater) infrastructure
- k) Provision of street trees and streetscape improvements.
This policy is to be implemented in compliance with Sections 163 – 166 and Section 221 of the Local Government Act 1989 and the Special Rates and Charges Ministerial Guidelines 2004.
The Act and the Guidelines should be referenced as required to support the implementation of this policy, including the calculation of contributions.
Further Information:
view the full policy: