I have received many emails and verbal questions
regarding the status of the carriageway easements at both 1527 and 1529 Burwood
Hwy, Tecoma.
I can advise that advice has been sought in
relation to the status of this land and rights of access.
A carriageway easement is not the same as a road
and therefore access rights depend on the specific nature of the easement and
those that are defined as beneficiaries.
A carriageway easement is an encumbrance of privately owned land and is
not public land.
There are existing east-west carriageway easements
over the rear of 1529 and 1531 Burwood Highway (former Hippie Haven and Saffron
Cottage) and over 1535 Burwood Highway (Video store), but not over 1533 Burwood
Highway. There is however a requirement
of the planning permit for the McDonalds proposal to create a carriageway
easement over 1533 Burwood Highway to create a continuous carriageway easement.
The Council has signed a plan for the creation of
the easement over 1533 Burwood Highway, but as of 12 August 2013 the plan had
not been registered with the titles office. This must be registered on title
before construction can commence as per the permit conditions.
The existing carriageway easements are in favour of
the Council and the public at large is entitled to utilise the land for access.
Legal advice received is that a carriageway
easement can be used to traverse the relevant land, not to set up and remain on
that land.
As the carriageway easements in this instance are
created for the benefit of the Council, it is for the Council (and its staff
via delegated powers) to determine when and on what conditions the east-west
easement might be blocked for health, safety or other reasons.
A carriageway easement is also in place between
1527 (group of shops) and 1529 Burwood Highway running north-south. This easement is registered for the mutual
benefit of the owners of the adjoining land parcels.
Half of this easement (3.4 metres wide on 1529
Burwood Highway) is also an easement in favour of the Council (and general
public).
Invitees/customers of those two owners (1527 and
1529) of land are entitled to use the north-south easement unless they are
excluded. Such exclusion would require
agreement of the Owners Corporation at 1527, the owner of the McDonalds
development site and the Council.
Council’s staff have been in ongoing contact with
representatives of the McDonalds development regarding access around the
site. It is understood that WorkSafe and
the Police have also had involvement to ensure safety for the community and
contractors working on the site. This
has led to restrictions of access.
From recent discussion with representatives of
McDonalds it is understood that with the demolition works now nearing
completion, temporary barriers and hoarding in Burwood Highway will be shifted
to allow pedestrian access along the footpath in Burwood Highway. Part of the footpath may still be obstructed,
however Council staff will give guidance to the representatives of McDonalds as
to temporary works that cater for this.
Concerns have been raised with McDonalds
representatives by both Council staff and the community over restricted
pedestrian access in the vicinity if the works.
McDonalds consultants have then relayed this to the builder for the
project advising of actions that should be taken to ensure community safety.
Council staff are maintaining contact with
representatives of McDonalds as the project continues to ensure that
appropriate safety measures are in place. If you have any concerns at all
please contact the shire on 1300 368 333.
Labels: cr samantha dunn, mcdonalds, tecoma, yarra ranges
