The owners of a property at 90 Lloyd street are intending to build a fence at the rear of the property that would effectively close access to the rear of the shops from Victoria Street lane next to Wundy’s Workshop and block thoroughfare to Lloyd Street.
The former Gateway Shop is believed to be being converted to a residential property and the intention is to build a carport and fence on the property blocking off the thoroughfare from Victoria street to Lloyd street. Vehicle drivers who access the rear of the shops from Lloyd street will not be able to exit via Victoria street with the fence erected.
Understandably some property owners and business are not happy with the proposal, because it will limit the current use of the land and any future development that the land can be used for.
The owner of the Old Dimboola Hotel site Graham Schneider had commissioned a report that identified the land ideal for public use.
The landowners would apparently need to agree to gift the rear land area to Hindmarsh Shire if is to be developed as public space such for use such as a carpark.
The titles of the rear of the properties along Lloyd street clearly display a lane that ends at the proposed fence line of 90 Lloyd street. The lane starts again after number 90 and proceeds down to Victoria street. There is no lane on the number 90 block and the title shows that the property extends to the fence line to the house in Victoria Street.
Objectors to the proposal claim the fence would restrict access to service vehicles and restrict the future development of the land. They also have concerns that the property will be used as a residence rather than commercial building and used for backpacker accommodation for seasonal workers.
Mensland proprietor John Hutchins said, “I don’t support the fence being erected.”
The Banner understands that local police and fire service have written to council objecting to the proposal, as it would restrict access for their vehicles.
Hindmarsh Shire Director of Infrastructure Services Shane Powers said, “there was no application put to council for the fence. Applications of this nature are dealt with under the VicSmart process which is a standard statewide process for assessing applications in 10 days and are not required to go before council.”
“Notification to surrounding landowners is not required for a permit of this nature.
The applicant will have to adhere to conditions with regard to notification under the Building Act 1993, any building permit issued and also those under the Fences Act 1968,” he said.
Mr Powers was asked if the owners were exempt from notifying other stakeholders and what are the exemptions?
“The VicSmart process prescribes what (if any) referrals and notifications are required, which varies dependant on the overlay/s in which have triggered the requirement for a planning permit,” said Mr Powers.
According to Mr Powers the land is zoned Commercial C1Z and the same as the other properties surrounding 90 Lloyd street.
Mr Powers said, “any land gifted to council would need to be zoned appropriately for its intended use.”
He also pointed out that council officers are guided by State imposed legislation and processes under the Planning and Environment Act, 1987.