Proposed road discontinuance in Mount Martha

Public Notice inviting submissions under section 223 of the Local Government Act 1989 (Act)

Mornington Peninsula Shire Council (Council) acting under section 206 and clause 3 of schedule 10 to the Local Government Act 1989 (Act), proposes to:

1. discontinue the road that is located at the rear of properties in the block bound by Glenisla Drive, Normanby Terrace, Kilburn Grove, Elmie Terrace and Dominion Road Mount Martha (marked as Road in the image below) being the land:
   
   (i) marked E-5 in Subdivision Plan LP3015 being the land in certificate of title volume 12345 folio 274 and known as Lot 23 Block 4 on Pan of Subdivision 003015; and
   
   (ii) marked E-1 on Plan of Consolidation PC382662F, which is only part of the land currently contained in certificate of title volume 12446 folio 021, being the part that was formerly contained in certificate of title 12400 folio 087;
   

   (Road)

   and

2. reconsider Council's decision of 14 June 2022 to discontinue the part of road located off Normanby terrace immediately between both 27 Kilburn Grove and 20 Glenisla Drive, Mount Martha (marked as Council Land in the image below) which is now the land in certificate of title 12438 folio 350 known as Lot 1 on Title Plan 971436E (Council Land), including the vesting of the Council Land in the name of the Council pursuant to section 207B and 207D of the Act.
   (June Decision)

If the Road is discontinued and the June Decision is affirmed, Council will vest the Road in the name of the Council, retain the Council Land and create a green link reserve.

Download: Proposed road discontinuance located at the rear of properties in the block bound by Glenisla Drive, Normanby Terrace, Kilburn Grove, Elmie Terrace and Dominion Road in Mount Martha(PDF, 92KB)

Submissions

Any person may make a submission on the proposal. Any person wishing to make a submission must do so in writing by 5 January 2024.

All submissions will be considered in accordance with section 223 of the Act.

Submissions should be addressed to the Chief Executive Officer, and can be emailed to customerservice@mornpen.vic.gov.au or hand delivered to Council's Service Centres at 90 Besgrove Street, Rosebud, 2 Queen Street, Mornington, 21 Marine Parade, Hastings or 1085 Frankston-Flinders Road within the Somerville Library or posted to the following address:

Chief Executive Officer
Mornington Peninsula Shire Council
Private Bag 1000
Rosebud VIC 3939

Any person requesting to be heard in support of their submission is entitled to be heard before Council (or its committee established by Council for this purpose) or represented by a person acting on their behalf and all persons wish to be heard will be notified of the time and date of the hearing.

Following consideration of all submissions, Council may resolve not to discontinue the Road or to discontinue the Road, and may affirm the June Decision or resolve to revoke the June Decision.

Further information regarding the proposal, including a copy of the plan in this notice, can be obtained from Gail Mifsud, Manager - Property & Commercial Services on 1300 850 600 or emailing customerservice@mornpen.vic.gov.au.