By Callum Ludwig
Residents have put forward a petition to create emergency and recreational access to the Yarra River at Stuart Road in East Warburton.
Rohan Murray presented the petition to councillors at Yarra Ranges Council’s September 13 meeting.
Mr Murray said the issue pertains to unlawfully constructed gates and retaining walls restricting access for vehicles.
“They have rendered a strategically important section of Stuart Road East Warburton impassable and prevents access to the waterfront of the Yarra River. The petition has been signed by 29 local residents and property owners,” he said.
“It’s understood that the two padlocked gates are installed by or on behalf of the owner of the property at 35 Stuart Road who’s mounted a sign on the northernmost unlawful gate that reads ‘private property’.”
The section of Stuart Road has been commonly used for pedestrian access to the Yarra River for decades and in early July 2022, petitioners tried to contact the owner of the property and received no response.
Mr Murray said representatives from the Department of Environment, Land Water and Planning (DELWP) and local CFA’s have also taken issue.
“We understand that the Natural Resource Management Team at DELWP is unable to access the Yarra River at this point to undertake weed control which is crucial to the health of the waterway,” he said.
“We’re also advised by the CFA that they’ve notified council that they require access to this section of the road in connecting forward as an escape route for emergency firefighting appliances and as an established evacuation option for residents.”
Section 188A of the Victorian Land Act gives local councils the power to issue a notice requiring removal within 21 days of any illegal structure or indeed any illegal thing whatsoever erected on Crown land without the consent of the Crown.
Mr Murray said the petitioners request the immediate reinstatement of Stuart Road.
“It would be a risky precedent for the Council if residents could make a grab for Crown land by simply blocking access and putting up private property signs. The contravening party does not even hold a license over the road area itself, they merely have a non-exclusive water frontage license in the area down by the water and no other greater rights than any other member of the public,” he said.
“It also poses safety risks for residents, especially in a bushfire. It’s certainly not uncommon for fallen trees or powerlines to block off access routes during fires and if Hazelwood Road were blocked, Stewart Road would be the only access route for every resident for almost the entire length of Hazelwood road and further up Stuart road. Keeping the road open could save lives, whereas allowing it to remain blocked off could have precisely the opposite effect.”
Manager Infrastructure Services at Yarra Ranges Council Kim O’Connor was asked to discuss the process of how Yarra Ranges Council would respond to the issue.
Mr O’Connor said Council need to look at the road in terms of its use and whether there is any interest in it.
“We’ve looked at the road as effectively a continuation of the road, which it currently is, but there are gateways to that process as well, there is a formal process we have to undertake to determine its usage,” he said.
“As you [Mr Murray] pointed out, we need to consider its recreational usage, usage as a road, usage for protection from fire or for emergency management.”
The motion was moved to Cr Fiona McAllister and seconded by Mayor Jim Child. It was carried unanimously.
Star Mail attempted to contact the owner of 35 Stuart Road for comment.
