Wodonga Council in accordance with clause 2 of Schedule 10 of the Local Government Act 1989, proposes to deviate part of the unmade government road (cross-hatched in the image below) into the privately owned land owned by Jayslee Pty Ltd (hatched in the image below).
Following this and in accordance with section 114 of the Local Government Act 2020, council proposes to exchange the former unmade government road (cross-hatched) with Jayslee Pty Ltd.
The subject road is an unmade Government Road on crown land, located between Bandiana Link and Huon Hill. The land owned by Jayslee Pty Ltd runs either side of the government road and has been approved for the development of a residential estate under the Meridian Rise Development Plan.
The proposal is to deviate the unmade government road (former road – 3.93ha) on crown land, to private land (new road – 4.06ha) to allow for the development of a continual collector road through the owners proposed subdivision. This new road will transverse through the entire development and provide all future functional road access.
It is intended that the portion of former road (3.93ha) to be deviated would be exchanged with Jayslee Pty Ltd and consolidated into the allotments created by the development.
Because the subject land to be deviated is Crown land, the council is required pursuant to Clause 2 of Schedule 10 of the Local Government Act 1989 to obtain the consent of the Minister for Lands prior to finalising the deviation process. Ministerial consent has been obtained.
The proposal put forward has been considered by the relevant departments in council and the Department of Environment, Land, Water and Planning (DELWP). Consideration has been made to ensure legal access is maintained for adjoining landowners and the appropriate buffers have been implemented between the residential estate and Crown land.
Under Section 114 Local Government Act 2020 council must obtain a market valuation before exchanging any land. A market valuation has been undertaken which has indicated the following:
- Private Land (New Road) - $400,000 + GST
- Crown Land (Former Road) - $400,000 + GST
Therefore, based on this, the proposal is to exchange the parcels of land for no monetary consideration.
Once the estate is developed, the new road will fall under councils Road Register as a public road, for ongoing future maintenance by council.
A person may make a written submission on the proposal in accordance with section 223 and section 114 of the Local Government Act 1989 and the Local Government Act 2020. Any persons proposing to make a submission under section 223 and section 114 of the Act must do so by December 21, 2022.
Written submissions that meet the requirements of this notice will be considered in accordance with section 223 and section 114 of the Act.
Copies of submissions (including submitters’ names and addresses) will be made available at the council meeting at which the above proposal will be considered.
Any person who has made a written submission to the council may request to be heard in support of their written submission, or be represented by a person acting on his or her behalf, before a meeting of the council or a committee appointed for this purpose. Where a person wishes to be heard by the council they must advise of such in their written submission.
Following consideration of submissions, the council may resolve:
- Not to deviate and exchange the Road; or
- To deviate the Road and exchange the former Road with the adjoining owner.