Developer’s $5000 for ‘overhang’


Mornington Peninsula Shire has agreed to a developer paying $5000 for a thin strip of land overhung by a first-floor balcony.

The balcony is part of a three-storey building on the Esplanade, Mornington that has been built next to the shire-owned car park in Vancouver Street.

Senior property officer Jonathan Chivers told council’s Tuesday 12 March meeting that it “is not possible” to remove the offending tensioned steel reinforced concrete balcony.

He said the solution to the overhanging balcony was to sell the developer a 25-centimetre-wide strip of the shire’s land.

The development at 786 Esplanade has shops on the ground floor and apartments above with underground car parking.

Mr Chivers described the overhanging balcony as a “minor encroachment” onto the shire’s land.

“The first-floor balcony is immediately above the vehicular entrance to the underground car park for the development,” he stated in a report to council.

“The balcony overhang does not impact on the use and operation of the adjoining shire land.”

The shire’s acting manager property and strategy Nathan Kearsley told The News that access to the underground car park for the new building was across council-owned land at 2 Vancouver Street “which was originally acquired by council to provide rear access and parking to adjoining properties”.

He said realigning title boundaries enabled council to “rectify this minor encroachment” of the overhanging balcony.

First published in the Southern Peninsula News – 19 March 2019


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