Notice of intention to grant and part removal of an easement

Published on 29 August 2025

Banyule City Council (Council) gives notice under section 114 of the Local Government Act 2020 (Act) of its intention to grant an easement over part of its land known as 233 Southern Road, Heidelberg West (Darebin Creek Reserve) as described as Lot 1 on TP844162C in Certificate of Title Volume 9128 Folio 618 and Reserve 1 on PS718677K in Certificate of Title Volume 11827 Folio 185 (Council Land).

Council proposes to grant an easement over part of Council Land for a sewer main diversion across its land in order to maintain suitable grades from the existing sewer to the new alignment. The grant of easement proposal will benefit the adjoining property known as 219 Southern Road, Heidelberg West (Development Site). 

The proposed sewerage easement realignment involves the creation of a 2.5m wide sewerage easement (E6 and E7) comprising a total area of 171.90m² and extinguishment of a 1.83m wide sewerage easement (E1 and E3) comprising a total area of 124.30m². The resultant net increase of easement over Council land is 47.60m² . The owner/developer is required to compensate Council for the diminished value of land plus all associated Council out of pocket expenses.

The draft Plan of Removal and Creation of Easement is provided in Appendix A(PDF, 309KB). 

A person has a right to make a submission to Council on the proposal to grant an easement over Council Land in accordance with Council’s Community Engagement Policy and Plans.  

Respond to this notice online

Written submissions to Council quoting reference F2019/1588 must be received by 5pm on Friday 26 September 2025.

Address submission to the Chief Executive Officer, Banyule City Council

Delivered to:
1 Flintoff Street
Greensborough

Posted to:
PO Box 94
Greensborough VIC 3088

Emailed to enquiries@banyule.vic.gov.au

Submissions will be considered at the Ordinary Meeting of Council on Monday 3 November 2025 beginning at 7pm at Banyule City Council, 275 Upper Heidelberg Road, Ivanhoe.  Council will consider whether to grant the easement/part removal over Council Land 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 meeting on Monday 3 November 2025, decide whether to grant the easement/part removal over the Council Land. 

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

For further information, contact Chris Ratcliffe on 9422 6196.