DATE OF NOTICE: 18 DECEMBER 2025
Intention to Declare a Special Charge under Section 163(1) of the Local Government Act 1989 to construct roadworks in Jayson Avenue, Eltham
Nillumbik Shire Council hereby gives notice of its intention to declare a special charge under Section 163(1) of the Local Government Act 1989 (the Act) for the purposes of defraying the expenses to be incurred by Council for the sealing and upgrade of Jayson Avenue, Eltham.
The works include sealing of Jayson Avenue with a thin asphalt layer at a typical width of four metres, with increased width at the bend on the road, and upgrades to the drainage and vehicle crossovers along the road and the intersection at Homestead Road.
The area and land for which the special charge will be declared are the eight properties at 2, 3, 4, 5, 6, 24 and 26 Jayson Avenue and 15 Homestead Road in Eltham. The works will provide special benefit to the properties, including access and amenity benefits.
The total estimated cost of the works is $389,000. The apportionment of the cost to the properties will be determined based on Council’s Special Rate and Special Charge Policy and Guidelines (2024). The total amount of the special charge to be levied on the above eight properties is $320,623.79. The Council contribution for the Crown Land at 560 Main Road (Hohnes Hill Reserve) is $68,376.21.
The special charge will remain in force for 10 years.
The declaration will expire if the special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration is made.
Any person may make a submission regarding Council’s intention to declare a special charge in accordance with Section 223 of the Act. Submissions must be in writing and lodged with the Council by 5 February 2026.
A person who has made a submission may speak in support of their submission or be represented by another person. Submissions are proposed to be heard at the Council Committee meeting on 10 March 2026. It is proposed that declaration of the special charge be made at the Council meeting on 28 April 2026.
In addition to the right to make a submission, any person who will be liable to pay the special charge has the right to lodge an objection under Section 163B of the Act. Objections must be in writing and lodged with the Council by 5 February 2026.
Submissions and/or objections must be addressed to the Chief Executive Officer, Nillumbik Shire Council, and mailed to PO Box 476, Greensborough 3088 or emailed to nillumbik@nillumbik.vic.gov.au by 5 February 2026. The submissions and/or objections must be titled Jayson Avenue Special Charge Scheme.
Copies of the proposed declaration and plans of the proposed roadworks are available for inspection at the Council Office at 32 Civic Drive, Greensborough until 5 February 2026, noting that reduced operating hours are in place between 25 December 2025 and 26 January 2026.
Further information on the proposed special charge can be obtained from Amanda James, Infrastructure Design Coordinator, via phone 0482 719 299 or email at amanda.james@nillumbik.vic.gov.au.
Jeremy Livingston
Acting Chief Operating Officer