Surf Beach: Where ‘no’ might actually mean ‘yes’

THE message is this, to the owners of the 1037 rateable properties in Sunderland Bay and Surf Beach, if a majority of people fail to register their objections to the proposed Special Charge Scheme, the project will go ahead, likely in late 2023 or early 2024.

The issue of whether council will accept obvious opposition to the scheme that technically doesn’t reach the 51 per cent threshold was the subject of three questions to council, at last Wednesday’s council meeting.

And they got a pretty definitive answer, if there aren’t enough no’s, it will mean ‘yes’ – the scheme goes ahead.

• Suzie Wicks: “The scheme is abandoned if 51 per cent or more objections are received, is the scheme also abandoned if 51 per cent or more yes votes are not received? If the majority of votes were ‘no’, but it didn't equate to 51 per cent would council still proceed?
• Mike Maher: Why have non-responses been included in the vote tally and arbitrarily declared as ‘yes’ votes, instead of being included with the vote count, as what happens in any democratic electoral process. Why doesn't both the online and postal survey forms have an option upfront that simply states ‘do nothing’ to avoid confusing people who want to simply vote ‘no’.
• Jillian Mitchell. Upon declaration of a special charge scheme, is non-response by a ratepayer treated as a positive in favour of the scheme or a negative against the proposed scheme? Does the Local Government Act around special charge schemes provide specific guidance as to whether non-response by a ratepayer to the declaration of a scheme is treated as a positive or a negative.

Wayne Mack, General Manager Business Transformation at Bass Coast Shire Council, standing in as acting CEO, provided the answer on behalf of council.

“Section 163 of the Local Government Act 1989 sets out the requirements of council in relation to a special charge scheme. Property owners that do not respond to notification of a road and drainage improvement project, and associated special charge, are not counted as for or against the project,” said Mr Mack.

“A special charge scheme can proceed if there's less than 51% overall support and/or less than 51% objections from the community and the project and special charges supported through the formal declaration process at a council meeting.

“Councillors will be required to decide on a potential road and drainage project once they provide notice of intention to declare the scheme at a future date, and if there is less than 51% objections from the property owners in response to notification.

“The latest community engagement questionnaire is to determine the preferred roads and drainage concept design option to address the problems of estate, such as dust, flooding and safety concerns.

“This preferred concept option will be considered by counsel for potential progression to determine the total costs and options for proportioning costs.”

Mr Mack said later that the proposal was on track to come before the June Bass Coast Shire Council meeting for decision after which property owners would have 28 days to make submissions, including formal objections to the scheme.