Road discontinuance in Garfield

The Local Government Act 1989 outlines that Council can change the status of a non-government ‘road’ to a ‘lot’ though a road discontinuance process, to enable abutting landowners to purchase part, or all, of a road, which is then generally required by council to be consolidated into their land parcel.

An application to discontinue and purchase a 491.4m2 section of road was received from the abutting landowner at 40 Jefferson Road, Garfield. The proposal to discontinue and sell this land has gone through Council’s internal referral process to appropriate teams. External referral authorities have been contacted to consider services within the section of road, which will require an easement to be created if the discontinuance and sale proceeds.

The proposed buyer has accepted terms outlined in a letter of intent, agreeing to reimburse Council for associated costs involved in the discontinuance and sale, including surveying services, Public Notice costs, lodgement and legal fees.

After an initial inspection, internal referral, and external referral to service authorities, Council has determined that the 491.4m2 section of 40 Jefferson Rd can be sold to an abutting landowner for $57,000, as outlined in council’s 2021 Road Discontinuance Policy.

Prior to completing the road discontinuance and sale process, council will undertake appropriate engagement with the community in line with S114 of the Local Government Act 2020 and S223 of the Local Government Act (LGA) 1989. The consultation process for the proposed discontinuance of the road will be completed under Section 223 of the Local Government Act 1989. Under this process members of the public can make a submission either supporting or against the proposal.

The community can have their say on this proposal by making a written submission to council via:

• Emailing council’s Property Services team - mail@cardinia.vic.gov.au

OR

• Posting your submission to:
• Cardinia Shire Council 
• Attn: Property Services team
• PO Box 7 Pakenham 3810 

Community members also have a right to speak to their submission in-person to Council and can do this by visiting the Cardinia Shire Council Civic Centre located at 20 Siding Avenue, Officer.

All submissions, whether submitted via email or by mail, must be lodged with us no later than 5pm on Friday 22 September 2023.