Purpose
1.1 To consider whether the road adjoining the properties at 182-192 and 200 Clarendon Street, South Melbourne VIC 3205 (Adjoining Properties), being the land remaining in Crown Grant 5106/1853 and being part of Crown Allotment 9, Section 2, Town and Parish of Melbourne South, as shown as Lot 1 on proposed title plan TP965753B attached as Attachment 1 to this report (Road), an excerpt of which is provided below, should be:
1.1.1 discontinued pursuant to the Local Government Act 1989 (Vic) (Act); and
1.1.2 sold to the adjoining owner(s) of the Adjoining Properties.
MOVED Crs Martin/Cunsolo
That Council having considered that there were no submissions in response to the public notice regarding Council’s proposal to discontinue the road being the land remaining in Crown Grant 5106/1853, shown as Lot 1 on proposed title plan TP965753B attached as Attachment 1 to this report (Road):
3.1 Resolves to discontinue the Road as it considers that the Road is not reasonably required for public use for the following reasons:
3.1.1 the Road is fully enclosed on the eastern, southern and western boundaries by walls of adjoining properties, and is only accessible on the northern boundary leading onto Ross Place;
3.1.2 the Road is only used for pedestrian and vehicular access to the rear of the adjoining properties at 182-192 and 200 Clarendon Street; and
3.1.3 the Road does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road.
3.2 Resolves to sell the discontinued Road for market value (which subject to an updated valuation, is estimated at $700,000 plus GST) to the then current adjoining owner(s) of the properties at 182-192 and 200 Clarendon Street, South Melbourne VIC 3205;
3.3 Notes that proceeds from the sale will go into Council’s Strategic Property Reserves used to support the acquisition and development of the property portfolio;
3.4 Directs that a notice pursuant to clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) is published in the Victorian Government Gazette;
3.5 Authorises the Chief Executive Officer or their delegate to negotiate, approve, and enter into such documentation to complete the discontinuance, sale, and transfer of the Road as contemplated or described;
3.6 Directs that the Chief Executive Officer, or their delegate, signs an authorisation and does all other things reasonably necessary or desirable to enable Council’s solicitors to execute transfer documents and any other documents required to be signed on Council’s behalf in connection with the transfer of the discontinued Road to the then current adjoining owner(s) of 182-192 and 200 Clarendon Street, South Melbourne VIC 3205;
3.7 Directs that any easements, rights or interests required to be created or saved over the Road by any public authority be done so and not be affected by the discontinuance and sale of the Road; and
3.8 Directs that the then current adjoining owner(s) of 182-192 and 200 Clarendon Street, South Melbourne be required to consolidate the title to the discontinued Road with the title to adjoining owner’s land (or such part of it approved by Council) within 12 months of the date of the transfer of the discontinued Road, at that owner’s own cost and expense.
A vote was taken and the MOTION was CARRIED unanimously.
