Mayor hints at

Jim Mynard
CARDINIA mayor Kate Lempriere has foreshadowed rethinking on Cardinia Council’s plan to use the controversial Goodwin Street in Tynong for a post office site.
Tynong residents Tas and Lyn Williams were devastated last year when the council advised them that it would use a section of land marked Goodwin Street on which to build a new post office.
The Williams said they had always believed they owned the section of land.
They said their title clearly showed part of Goodwin Street as under their title for 38 Railway Avenue.
The council said it had legal advice that it owned the street and processed an order discontinuing its status as a road. It acted to rezone the land from road use to enable a post office to be built.
On 21 December last year Cardinia Ratepayers Association president Gloria O’Connor asked Cardinia councillors if they had been fully briefed on the matter, particularly on title documentation held by the Williams family.
She said this indicated the land in question was consolidated to the original title in 1910 and was passed on to each subsequent owner before the Williams bought it.
Ms O’Connor said she had closely examined documentation provided by the family and believed the property was bought in good faith.
“This matter first came before the council on Tuesday, 14 November 2005 with an officer’s report that made no mention of a legal uncertainty regarding title to the land.
“It was not withdrawn for discussion and went through as recommended.”
She also asked whether Bunyip Ward councillor Bill Pearson, who was familiar with the situation, had discussed the matter with other councillors. She said that although the council was relying on legal advice the moral position it took was in this instance poor.
“The couple has legal representation and could test this in a court case, but cannot afford to fight any longer and does not have the strength to do so.
“Therefore Cardinia Shire Council will win by default — not something of which this council can be proud.”
Cr Lempriere said it was now her intention to suggest an alternative to councillors.
“Perhaps we should consider another alternative, and look at the possibility of rezoning elsewhere, or look at the council’s old depot site over the railway line as a possible site for a post office.”
However, Cr Lempriere said this was only her personal feeling and not the council’s policy. She said the council must be careful about setting a precedent and be sure that it did not contravene the relevant act.
“The law is different to our perception of what is the nice thing to do.”
The mayor, nevertheless, argued strongly in a note to Ms O’Connor that the council had acted properly over the matter. She listed the procedures adopted and said Cr Pearson spoke with great persuasiveness and fluency in support of the family at a briefing session for councillors.
“This is the only reason why councillors decided to make an ex gratia offer, because it was explained to us there was no legal requirement.”
Councillors voted six to one in favour of a reasonable offer to the Williams.
“The council made an offer in confidence because of privacy issues.
“Cardinia chief executive Garry McQuillan made several attempts to resolve this unfortunate misunderstanding through negotiation. However, the offer was rejected and subsequently made public by Mr and Mrs Williams.”
Cr Lempriere said the council’s strategic development department researched and identified the land indicated as a road on the Title Volume 3723, Folio 587 as a suitable site that could be used to benefit the residents of Tynong.