Paths charge ‘back’

ERIN PEARSON
VICTORIA’S Supreme Court has ordered a new hearing on a controversial council plan to charge Jan Juc residents for footpaths, according to their solicitor.
Glenys Dolphin said Justice Emilios Kyrou this week ruled that a previous planning tribunal decision stopping the user-pays scheme was “worded inappropriately”.
Justice Kyrou decided the wording justified granting Surf Coast Shire a remittal hearing at Victorian Civil and Administrative Tribunal.
“The judge’s reason for judgment was that the VCAT member failed to write a clear and concise judgment,” Ms Dolphin said.
“The matter has been remitted back to VCAT to be heard again, from scratch, some time in 2012.”
Ms Dolphin said council ignored a recommendation that objectors should be excluded from paying for the footpaths if the shire won at the remittal hearing.
“Before making his judgment Justice Kyrou urged council to erase all 65 objectors from being liable from the scheme but council refused.”
The residents’ barrister, James McKay, said council argued in court that the tribunal was unable to set aside the scheme under the act.
The shire planned to charge residents $1.3 million, with individual properties paying as much as $1000 each.
Residents thought they had defeated the charge when VCAT’s Nicholas Hadjigeorgiou quashed the scheme because the proposed footpaths would “not benefit” many properties.
But shire chief executive officer Mark Davies announced an appeal in May, saying the VCAT decision could have “significant impacts on councils throughout Victoria”.
Council’s legal fees for the appeal were capped at $5000, he said.
Lead objector Steve Burton said residents would continue fighting the charge scheme.
Mr Burton said objectors would be “far better prepared” when the case returned to VCAT.
“(The shire’s) refused to listen to the voice of ratepayers,” he said.
Surf Coast Shire refuses to answer questions from the Independent.