Road Closure, Land Acquisition Planned at View St, Alphington

Yarra City Council (Council), acting under clause 3 of schedule 10 to the Local Government Act 1989 (1989 Act), proposes to discontinue the road abutting 1 View Street, Alphington marked as lot 1 on the plan below, being part of the land contained in memorial book Q, number 429, at View Street, Alphington (Road), and sell the former Road to the owner of the adjoining land known as 1 View Street, Alphington (Adjoining Owner).

Proposal to acquire land by agreement

Yarra City Council (Council) gives notice under section 112(3) of the Local Government Act 2020 (2020 Act) and Council's Community Engagement Policy, that it intends to acquire part of the land known as 1 View Street, Alphington and shown as 'Reserve No. 1' on the plan below, being part of the land contained in certificate of title volume 6146 folio 076 (Acquisition Land) from the Adjoining Owner.

The proposal

The proposal is that the Adjoining Owner will sell to Council the Acquisition Land and Council will discontinue and sell the former Road to the Adjoining Owner as part of a land swap arrangement (Land Exchange Proposal). The Land Exchange Proposal is subject to Council's rights in respect of drainage assets in the former Road being saved under section 207C of the 1989 Act.

1. The principle terms of the Land Exchange Proposal are as follows:
2. the Acquisition Land will support the expansion of public open space adjoining Alphington Park in accordance with Council's Open Space Strategy 2020;
3. the Land Exchange Proposal is:
   1. subject to and conditional upon Council complying with its statutory obligations under both clause 3 of Schedule 10 and s 223 the 1989 Act and s 112(3) of the 2020 Act; and
   2. the registration of a plan of subdivision to excise the Acquisition Land from the balance of the title;
4. the contract of sale for the Acquisition Land will be interdependent with the contract of sale between the Council (as vendor) and the Adjoining Owner (as purchaser) in respect of the Road (Second Contract);
5. settlement of the contract of sale for the Acquisition Land will be effected contemporaneously with settlement of the Second Contract;
6. the purchase price of the Acquisition Land and the purchase price of the Road will be $1.00 plus GST; and
7. the area of the Acquisition Land proposed to be purchased by Council is greater than the area of the Road proposed to be sold by Council under the Land Exchange Proposal.
8. In accordance with s 223 of the 1989 Act and Council's Community Engagement Policy, any person may make a submission in relation to:
9. the proposal to discontinue the Road; and/or
10. the proposal to acquire the Acquisition Land; and/or
11. both the proposal to discontinue the Road and the proposal to acquire the Acquisition Land.