Notice of Council land sale at rear 7A Curzon Street, Ivanhoe

Published on 22 September 2020

Reference number: F2017/2502

Responses will be received until 5pm on Friday 2 October 2020.

Response will be considered at the Ordinary Meeting of 23 November 2020 beginning at 7pm at L4, 1 Flintoff Street, Greensborough. Council will consider whether or not to sell the subject land at the Ordinary Meeting of 14 December 2020.

Council is the owner of the land known as 1 Liberty Parade, Ivanhoe shown in figure 1. The Council land forms part of the Darebin Creek Reserve (Banksia to Bond Street) and is contained on Certificate of Title volume 11466 folio 105.

The 38m2 land parcel proposed for sale is situated at the top of the Darebin Creek Reserve escarpment to the rear of 7A Curzon Street, Ivanhoe described as Lot 1 on unregistered plan of subdivision PS813368T (subject land) forms an isolated land parcel unable to be accessed for public use. A section 173 Agreement will apply to the subject land restricting its use to part decking and soft landscaping.

Following development of the property at 7A Curzon Street, Ivanhoe, shown at figure 2, part of the Council land at the top of the embankment was backfilled and an additional useable area of land of 38m2 was created as shown in figure 3. The subject land has become an isolated parcel of Council land at the top of the Darebin Creek escarpment.

In 2016, the owners of 7A Curzon Street sought to occupy the subject land under licence for the purpose of fencing and maintaining it as part of their adjacent landholding. Because of its location and the steep topography, it was considered impracticable for Council to safely access and maintain the subject land.

Council granted a licence to the owners of 7A Curzon Street over the subject land. The Licence commenced on 18 August 2016 and runs until revoked. The annual licence fee is $500 plus GST. The Licence area can only be used for extended garden and landscaping.

The owners of 7A Curzon Street are now seeking to acquire the subject land from Council. The sale of land will be dependent on a rezoning of the land from Public Conservation and Resource Zone to Neighbourhood Residential Zone 3 (NRZ3), following completion of the sale of Council land statutory process pursuant to sections 189 and 223 of the Local Government Act 1989.

Council’s Guidelines for the Sale and Exchange of Council Land and the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land (2009) generally require any Council land to be sold on the basis of highest and best use.

At its meeting on 6 July 2020, Council resolved in part, to commence statutory procedures under sections 189 and 223 of the Act to sell the subject land to the owners of 7A Curzon Street, Ivanhoe for $11,000 (GST incl) plus reimbursement of Council’s expenses to affect the land transfer.

Conditions of sale involve the subject land being successfully rezoned to NRZ3 and the purchaser entering a section 173 Agreement with Council restricting the future land use to soft landscaping and partial deck extension in accordance with the Land Development Restriction Plan at appendix A.

Figures and appendix

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