Council Minutes - 27 October 2009 - City of Greater Geelong

Greater Geelong City Council 27 October 2009
Minutes of Ordinary Meeting
SECTION B - REPORTS Page 46
9. PROPOSED ROAD DISCONTINUANCE OF SOUTH PORTION MYLES
PLACE, SOUTH GEELONG
Portfolio:
Source:
A/General Manager:
Index Reference:
Democracy and Governance – Cr J Farrell
Corporate Services – Corporate Strategy and Property
Services
Jeff Wall
CP Road Discontinuance Sale
Summary
• Fagg Bros Pty Ltd (also known as Mitre 10, South Geelong Store), being the
registered Proprietor of all adjoining properties to south portion of Myles Place
South Geelong, approached Council and Department of Sustainability &
Environment and requested a discontinuance. The portion of the road is shown on
the plan contained in Appendix 9-1 to this report.
• The road consists of Government Road, cross-hatched on the plan contained in
Appendix 9-1, which has an area of 506m2 and Council Road, hatched on the plan
contained in Appendix 9-1, which has an area of 18.6m2.
• Department of Sustainability & Environment provided written recommendation of
discontinuance and sale on the 7 th July 2009.
• Council’s portion of Myles Place has been valued at $10,000.00 plus GST.
• Fagg Bros Pty Ltd is prepared to pay the valuation amount together with the costs
and disbursements associated with the proposed discontinuance, including the
subsequent transfer of the land.
• Council’s portion of road is unmade the Government Road is constructed.
• Council is able to undertake the statutory procedures for the discontinuance of
both Government and Council portions pursuant to the Local Government Act
1989 (the Act), allowing any person to make a submission. If there are no
submissions it is proposed to advise Department of Sustainability & Environment
accordingly so that they may, separately to Council, offer the discontinued road for
purchase.
Cr Abley moved, Cr Richards seconded -
That Council, in respect of the proposed discontinuance of the south portion of
road known as Myles Place, South Geelong pursuant to Clause 3 of Schedule 10
of the Local Government Act 1989, resolves:-
1) to give public notice in the Geelong Advertiser as required under Sections
207A and 223 of the Act allowing anyone to make a submission in relation to
the proposed discontinuance and sale of the laneway;
2) the Submissions Hearing Panel be appointed to hear and report to the
Council on any submissions in relation to the proposed discontinuance and
sale; and