Agenda item

SUMMARY

Stuart Road, East Warburton is an unsealed Council Road as defined in section 3(1) of the 1989 Act, on the basis that the Road is known to title as a road reserve.  A house is located on that part of No. 35 which is situated between the Road and the Yarra River but the house does not encroach upon the Road.

A gate across the road at the street frontage of No. 35 on Stuart Road, to protect its property from trespassers and antisocial behaviour, which gate is locked with a padlock, currently limits access for the local community.

At its meeting on 13th September 2022, the Council received a petition advocating for the reinstatement of vehicle use and pedestrian access via Stuart Road, East Warburton to the Yarra River. The petitioners expressed concerns about the southern portion of Stuart Road, which is currently obstructed by a locked gate and signage.

There is a historical record of public use and a community desire to access the Yarra River via the southern portion of Stuart Road.  Council has limited care and management responsibilities in respect of the unconstructed section (gated) of Road, it does have an overriding responsibility to manage and minimise any risks to public health and safety in respect of any use of the Road.

Concerns regarding the local community being restricted vehicle access for their own emergency purposes were raised by the petitioners. However, advice from Council’s Emergency Management team and the Municipal Fire Management Planning Committee (MFMPC) led to the rejection of the proposal for unrestricted community access. Emergency Services vehicles access to the road reserve is supported.

In light of this, this report recommends installing a locked gate (with standard S100 key for emergency / maintenance access) with narrow opening for pedestrians, to prevent private vehicles from accessing the road reserve. Any signs on the gates which restricts pedestrian access to the road reserve needs to be removed.

In the event of continued concerns, further initiatives, such as delineating the road reserve and the property at No. 35 Stuart Road, is recommended to be explored.

In accordance with Governance Rule 58, Damian Arnall spoke in objection to the recommendation included in the officer report.

In accordance with Governance Rule 58, Timothy Herbert and Harvey Bowlt spoke in support to the recommendation included in the officer report.

Cr McAllister left the meeting at 8.38pm and returned to the meeting at 8.39pm prior to a vote being taken.