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Council decides on fence today

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Public outcry over the construction of a fence at the rear of Lloyd Street shops.
Public outcry over the construction of a fence at the rear of Lloyd Street shops.

UPDATE: Hindmarsh Shire Council today voted in favour of declaring the laneway at the rear of the shops in Lloyd Street as a public road and approved the officers of council to move forward with taking possession of the road under the Road Management Act 2004 and making it a council road.

 

At today’s meeting of the Hindmarsh Shire Council, councillors will discuss and vote on the scheduling of a laneway as a public road at the rear of the Lloyd Street shops in Dimboola.

The owners of the property of 90 Lloyd street had constructed a fence across the laneway used by the community for well over 50 years. Council had originally issued a building permit under the VicSmart process for a fence and carport, but owing to a public outcry, council reviewed the decision and sought legal advice.

Following the legal advice, council resolved at its meeting on April 4, that:

In respect of the crushed gravel laneway constructed on the properties known as 84

to 104 Lloyd Street, Dimboola (Laneway):

  1. approves council officers writing to registered proprietors of the land on which the

laneway is constructed and any person whose property abuts the laneway (together ‘landowners’) to:

  1. a) informs the landowners of council’s proposal to consider whether the laneway is ‘reasonably required for general public use’ pursuant to section 17(3) of the Road Management Act 2004 (Vic) (Proposal); and
  2. b) invites the landowners to make written submissions regarding the proposal

by a date determined by council, being a date which is no earlier than 14 days after council informs the landowners of the proposal;

  1. considers any submissions received from any landowners and considers whether

to proceed with the proposal;

  1. approves council officers preparing and lodging at Land Use Victoria an application

for title to the laneway pursuant to section 59 of the Transfer of Land Act 1958 (Vic);

and

  1. approves council officers writing to the owner of 90 Lloyd Street, Dimboola, requiring

the removal of any gates and fences constructed on the laneway, pursuant to clause 10 of Schedule 10 to the Local Government Act 1989 (Vic)”.

The property owners of 90 Lloyd Street Dimboola, were also issued with a notice dated

April 5, to remove the fence and gates that were under construction at the rear of the property and were obstructing through passage of the laneway. Apparently despite receiving the letter the owners allegedly continued to build the fences.

Property owners of 84 to 104 Lloyd Street were invited to make a submission to council on the proposal followed by a public meeting held on Tuesday April 17.

Approximately 30 people attended the public meeting with 26 people having registered their details for future correspondence.

Council received a total of 13 submissions within the deadline. A total of 10 submissions indicated their support for the proposal. A total of three submissions indicated they were against the proposal. The three against the submission all had the same surname.

Of those submissions in favour of the road, three raised the issue of pedestrian safety, six wanted to maintain truck access and maneuverability, six wanted to avoid disruption to business operations, five raised the issue of maintaining through-access for emergency services, five advocated that the public has right of way/access to the laneway and three claimed the laneway is of historic importance.

The objectors put forward that the lane was not needed for public access and that the laneway is unsafe for public use.  The trucks do not need access to the rear of 90 Lloyd street to do deliveries. The council proposal devalues the properties and the fence enhances security of the shops.

Further to this, the objectors accused council of not following the laws and regulation in relation to the matter and stated the penalties the council face for the breach of the laws.

At today’s meeting council will consider three options.

  1. In respect of the crushed gravel laneway constructed on the properties known as 84 to 104 Lloyd Street, Dimboola (Laneway) is ‘reasonably required for general public use’ pursuant to section 17(3) of the RMA and proceeds with the process to include the laneway on its public roads register and the process to become registered proprietor of the land required for the laneway.
  2. Council does not consider the crushed gravel laneway constructed on the properties known as 84 to 104 Lloyd Street, Dimboola (laneway) is ‘Reasonably required for general public use’ pursuant to section 17(3) of theRMA.
  3. Council considers alternate options for the provision of a laneway at the rear of properties known as 84 to 104 Lloyd Street, Dimboola.

The recommendation to council by the Director of Infrastructure Shane Power will be

That council, having undertaken a consultation process and considered submissions received in respect of the extent to which the crushed gravel laneway constructed on the properties known as 84 to 104 Lloyd Street, Dimboola (laneway) is required for public use:

    1. declares that the crushed gravel laneway constructed on the properties known as 84 to 104 Lloyd Street, Dimboola (laneway) is reasonably required for general public use.
      1. the public, adjoining landowners and emergency services have been continuously using the laneway for a many years;
      2. the laneway is required for vehicular access to the rear of a number of properties, and as a through road between Lloyd Street and Victoria Street, Dimboola, which access cannot be reasonably provided by alternative routes; and
    1. the public would benefit from the laneway being included on Council’s Public Roads Register and maintained by council;
    2. authorises officers to proceed with the process to include the laneway on its Public Roads Register:
    3. authorises officers to proceed with the process to become registered proprietor of the land comprising the laneway.

The council meeting will be at 3.00 pm today at Hindmarsh Shire Council chambers in Nhill.