The Victorian Civil and Administrative Tribunal (VCAT) has sided with the City of Greater Geelong in a dispute over a special rates scheme for Willis Street in Portarlington. The decision, handed down on Tuesday, dismissed a challenge from a local property owner who opposed the scheme.
Background of the dispute
The special rates scheme was introduced by the City of Greater Geelong to fund infrastructure upgrades in the Willis Street area, including road improvements, drainage, and footpath construction. Property owners in the affected zone were required to contribute to the cost, with the council arguing that the upgrades would increase property values and benefit the community.
However, one property owner, who owns a commercial building on Willis Street, challenged the scheme, claiming that the council had not properly consulted with affected parties and that the costs were disproportionate to the benefits. The owner also argued that the scheme was unfair because it targeted a small number of properties.
VCAT's ruling
VCAT member Margaret Birtles rejected the property owner's arguments, finding that the council had followed proper procedures and that the scheme was reasonable. In her decision, Birtles noted that the council had conducted extensive consultation, including public meetings and written submissions, and that the scheme was designed to address specific infrastructure needs in the area.
"The council has demonstrated that the special rates scheme is necessary to fund essential upgrades that will benefit the entire community," Birtles said. "The property owner's concerns about consultation and fairness have been addressed through the evidence presented."
The tribunal also found that the costs imposed on property owners were proportionate to the benefits they would receive. The scheme will see property owners contribute a total of $1.2 million toward the upgrades, with the council funding the remainder.
Reactions to the decision
City of Greater Geelong Mayor Trent Sullivan welcomed the VCAT decision, saying it validated the council's approach to infrastructure funding. "This is a win for the community and for fair and transparent governance," Sullivan said. "The upgrades will make a real difference to the Willis Street area, and we are pleased that VCAT has recognized the importance of this project."
The property owner who challenged the scheme has not commented on the decision. However, legal experts say the ruling reinforces the authority of councils to impose special rates schemes when they are properly justified.
Implications for other areas
The VCAT decision sets a precedent for similar disputes in the region. Other property owners who may be considering challenging special rates schemes will now face a higher bar, as the tribunal has made clear that it will support councils that follow proper procedures.
Local business owners in Portarlington have expressed mixed reactions to the decision. Some welcome the infrastructure upgrades, while others remain concerned about the financial burden. "We need better roads and drainage, but the cost is significant for small businesses," said one shop owner who asked not to be named.
The council has indicated that work on the Willis Street upgrades will begin within the next six months. The project is expected to take approximately 12 months to complete.
