Council’s consideration of a potential sale of the laneway was triggered by a request from an adjoining land owner to acquire the land and realign their property boundary.
The Moira Shire Council June Ordinary Meeting agenda states in accordance with the Road Management Act 2004 and the Local Government Act 1989 council is required to seek community feedback (LGA s223) before it makes a decision to proceed or otherwise.
The community consultation process concluded on 6 May 2019 and one submission was received.
The submission highlighted concerns of the property holder to north of the road reserve regarding their driveway access to the rear of the property.
Images supplied showed part of the driveway sits on the road reserve but will be confirmed by survey.
The agenda states the intent is that following the land survey to determine the exact location of the road reserve, the adjoining landholders will have the opportunity to purchase the section of discontinued road reserve that sits within the existing fence lines at a price determined by independent valuation.
While the land remains a road reserve, the adjoining land owners with buildings or other assets on the road reserve face the ongoing risk of being requested to remove them from what is legally a ‘public highway’.
By proceeding with the discontinuance of the laneway will allow council to address this risk by recognising the existing alignment of property boundaries and in doing so provide ongoing certainty for neighboring property owners.
The agenda also states the sale of the land is a separate and subsequent process which may involve public auction, tender, private treaty or any other method as determined by the Chief Executive Officer in accordance with section 189 of the Local Government Act 1989.
The individual adjoining landowners will be responsible for the costs associated with any purchase and consolidation of their portion of the laneway into their property.