Road feud widens

By Kath Gannaway
THE saga of Scott Road in Yarra Glen continued at a special meeting of Yarra Ranges Council on Tuesday, 21 June.
In a marathon and at times emotion-charged meeting, councillors heard 14 speakers in relation to the council’s decision to commence the procedures needed to discontinue a section of the road.
Ninety-seven written submissions were received after the council advertised it was looking at closing the road – seven supported the closure, the remainder opposed it.
The use of the unmade section of the road has been the subject of numerous reports to council since 1993 when the former Shire of Healesville consented to the DSE granting the then abutting landowner a grazing licence over the strip of land.
The current owner and licence holder Noella Fenelon wants the road closed. Her neighbours Robert and Christine Dove want it to remain open for their use.
The Supreme Court ruled on the matter allowing the Doves to use the road to access their property, but ruled out any work on the road.
David Gabriel-Jones, speaking on behalf of the Dove family estimated that more than $3 million had been spent on the matter over the past decade, taking into account costs of County Court and Supreme Court actions, and money spent by the Doves, the Fenelons, the DSE and the State Government.
In 2009 five Scott Road property owners petitioned the council to discontinue and close the unmade section of road they say is unused and degraded, but the Doves and others supporting them say it is an alternative bushfire escape route that should be maintained.
Mr Dove has an application before council to seal the road.
Mr Gabriel-Jones warned that after County Court and Supreme Court rulings he said upheld the Doves’ case, council was in danger of being drawn into a legal quagmire.
Mr Fenelon spoke for himself and others who wanted the road discontinued.
He said the Supreme Court action was about trespass to fences and gates, not the land.
“The road is within private property, but we would always provide a fire escape … it’s unspeakable to think that we’d deny fire access,” he said.
Yarra Ranges Council deferred its decision, calling for a further report on the issues raised through the submission process.