VCAT footpaths ruling: Juc charge ‘for some’

By Cherie Donnellan
RESIDENTS who formally objected to proposed council charges for footpaths at Jan Juc will receive exemptions but their neighbours will have to pay, according to a lawyer.
Glenis Dolphin said Jan Juc residents who failed to appeal Surf Coast Shire’s special charge scheme could be “up for thousands”.
Ms Dolphin said her clients who filed official objections and attended a Victorian Civil and Administrative Tribunal hearing last Friday would escape the charge.
“There were literally hundreds of people who could have been exempt if they were a formal objector. Council was quite sympathetic to all who attended the hearing.”
Ms Dolphin said charges would vary for non-objecting ratepayers.
“Every property is different depending on how close you are to the pathways. Some people could pay $1000 or more, some might pay half that.”
She was disappointed VCAT refused to hear new arguments against the scheme at last week’s hearing.
The shire successfully appealed a 2011 VCAT ruling that the charges “unnecessary” and of “no special benefit” to ratepayers.
Ms Dolphin said the shire could still “set aside” the scheme despite last Friday’s decision after council changed its special charge policy last month.
Formal objector Sue O’Shanassy said VCAT “seemed unwilling” to hear new arguments after the shire’s lawyer argued a “technical point of law”.
“I feel the whole process has been unfair,” Ms O’Shanassy said.
“There were so many people so far away from the paths. It seems silly they should have to pay.”
Ms O’Shanassy said council could have withdrawn from the VCAT hearing after promising to review its charge scheme but continued fighting to “win for future schemes”.
“If we had won we would have set a precedent for Victoria. Council said it would review the scheme after the hearing but we’ll have to wait to see what the review actually includes.”