Council to acquire 1 Tarwin Street, Warragul

Council will acquire a property at 1 Tarwin Street, Warragul, to enable the delivery of a new intersection which will improve safety and traffic flow on Pharaohs Road, Sutton Street and Tarwin Street.

The acquisition was a result of the Council Decision at its 13 June 2018 meeting to build a new intersection with a roundabout at the intersection. When complete, the intersection will straighten the east-west alignment of Sutton Street and Pharaohs Road for a safer and efficient traffic flow.

The intersection was identified in the Baw Baw Shire Precinct Structure Plan to link future stages of Waterford Rise with the rest of the town through the construction of Longview Road. A section of Longview Road will go over the dam wall and will link Sutton Street and Pharaohs Road to the eastern end of Waterford Rise.

Higher traffic volumes generated by the new developments can be distributed by this secondary east-west link between Sutton Street, Pharaohs Road, Longview Road and Crole Drive. The construction of the intersection will be jointly funded by the Developer Contribution Plan and budgeted Council funds.

To progress the acquisition of 1 Tarwin Street, Council engaged the services of law firm Rennick and Gaynor and the property owner Mr Kimm engaged Duffy and Simon. Acquisitions of this nature must follow the requirements and principles of the Land Acquisition and Compensation Act 1986 (LACA). Council and Mr Kimm’s representative have reached a mutually agreeable financial position that Council has resolved to accept.

Under the LACA, the settlement includes the property price set according to an agreed certified valuation and payment of Solatium to the property owner of up to 10%. Council confirms that it will purchase the property according to a certified valuation provided by Mr Kimm’s appointed valuer and has paid the appropriate percentage of solatium.

The LACA also requires Council to pay Mr Kimm’s reasonable legal and professional costs and disturbance. This settlement also includes an amount for special value, which takes into account Mr Kimm’s circumstances that were applicable in this situation.

Council would like to acknowledge Mr Kimm and Duffy and Simon for their cooperative and professional approach throughout this process. This is not a matter that has been taken lightly by Council, and we would like to thank Mr Kimm for agreeing to this settlement, which will ultimately be of great benefit to our community. Council sincerely wishes Mr Kimm well in his future endeavours and thanks all parties involved.

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