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Public Notice - Notice of Intention to Grant an Easement

Wed 27 March, 2019

Banyule City Council (Council) gives notice under section 189 of the Local Government Act 1989 (Act) of its intention to grant an easement over part of its land known as Briar Valley Reserve, 11 & 11A Porter Street, Montmorency described as Lot 17 on PS051170 and contained on certificate of title volume 8901 folio 755 and Lot 1 on TP227452K and contained on certificate of title volume 9004 folio 996 (Council Land).

Council proposes to grant an easement over part of Council Land for drainage purposes to benefit 57-59 Sherbourne Road, Montmorency (Development Site).

The Development Site requires a drainage connection to a Council pit situated on Porter Street, Montmorency. Consequently, a drainage easement is required to be created along part of Council Land to benefit the Development Site. The proposed drainage easement measures 1.83m wide and 62.02m in length (113.49m2). The Developer is required to compensate Council for the diminished value of Council Land being $15,888 (plus GST) plus costs.        

The Proposed Creation of Easement Plan can be viewed under or during normal business hours at Banyule City Council Service Centre at 1 Flintoff Street, Greensborough.

A person has a right to make a submission to Council on the proposal in accordance with section 223 of the Act. 

Written submissions to Council quoting reference number F2019/1235 must be received by 5pm on Wednesday 24 April 2019 and addressed to the Chief Executive Officer, Banyule City Council, PO Box 94, Greensborough 3088 or delivered to 1 Flintoff Street, Greensborough.

Submissions will be considered at the Ordinary Meeting of Council on Monday 20 May 2019 beginning at 7pm at 1 Flintoff Street, Greensborough. Council will consider whether or not to grant an easement at a subsequent meeting.

If you wish to be heard at the Council meeting in person, or to be represented by a person specified in the submission, you must state this in your written submission.

If no submissions are received, Council may, at its Ordinary Meeting on 20 May 2019, decide whether or not grant an easement.

Any person making a written submission under section 223 of the Act is advised that all submissions and personal information in the submission will be managed by Council in accordance with the provisions of the Privacy and Data Protection Act 2014.

Further enquiries please contact Gary Mills on 9457 9807.