CONCERN over a parcel of Crown land being allegedly incorporated into a privately-owned beachside block in Mount Martha has prompted Mornington MP Chris Crewther to ask for state government intervention.
Crewther, who is acting on complaints from a neighbour, said he believed the issue of land encroachment could set a precedent and was potentially causing a financial loss to Mornington Peninsula Shire ratepayers.
The case involves the owner of a house on the Esplanade who has added three stone retaining walls, a stone letter box, stone edging, landscaping and an extensive paved area for parking to 277 square metres of Crown land at the front of the property, which has been used as an Airbnb.
Crewther said the neighbour had complained to the council in 2016/17 but was recently advised that the council had reversed its decision to seek removal of the illegal works and would now register an agreement with the owner of the block with the Titles Office.
“There are concerns that the owner is preparing the property for sale and, if so, would benefit financially due to the windfall gift of a 31 per cent increase in perceived allotment area, estimated to be in the order of $546,521, a value based on council rates. There is also a concern about the precedent this sets for future encroachments onto Crown land,” Crewther said.
The complainant, who spoke to The News on the basis of anonymity, said the works on the road reserve had affected access on the service road connecting properties and was risk to public health and safety.
After several years of communications with the shire and appeals from his solicitor, he said he was “shocked” to be told the council had reversed its 2019 decision to make the property owner remove a retaining wall, pencil pine trees and the letter box.
The latest decision, based on claims about adverse erosion issues should the retaining walls be removed, was to allow the “as-built” multiple stone retaining walls, together with concrete driveway and parking area, to remain under an agreement with council.
The neighbour believed the move appeared to be an easy solution for both the council and the owner but did not take account of other property owners or road safety.
The neighbour said the encroachment onto Crown land began some time in the “early 2000s” but that he and his wife were living and working in Canberra at the time and their complaints were not made until around 2016.
After his verbal complaints were “ignored” he went to council around that time and was shown satellite images with the title boundaries superimposed.
“We were shocked at the extent of the encroachment. We lodged an official complaint in late 2017, but the council again showed little interest,” he said.
Eventually the council did require the owners to remove the stone kerbing that was up to 15cm high and ran parallel to the edge of the gravel service road.
“However, no works were undertaken to remove the large boulders between the kerbing and the lower retaining wall or any other works. It appeared the removal of the kerbing would be sufficient in order to placate us,” the neighbour said.
At their own cost, the neighbours commissioned a $2090 land survey and again contacted the council, which sent out an officer.
Despite being told in 2019 that the council would seek removal of the works, in 2021 the council apparently reversed its decision.
The neighbour said he was calling on the council to review the matter and “act in an appropriate manner to the benefit of all rate payers, not to the financial benefit of one rate payer”.
Crewther told Planning Minister Sonia Kilkenny that it seemed unconscionable that the property owner could seemingly be rewarded for developing the land if it was added to the title and the property was sold.
The council’s manager of development services, David Simon, said there was “no compulsory acquisition underway” in relation to the property in question, but that council “was considering a number of issues raised recently in correspondence with council”.
“However, it would be inappropriate to comment further at this stage.”
First published in the Mornington News – 7 November 2023
