Homeowners in shoddy Gowanbrae street shocked by Moreland Council VCAT order

Scared homeowners in one of Melbourne's most poorly planned streets have been “dragged into” a stoush between Moreland Council and the developer over who’s responsible for fixing the shoddy Gowanbrae strip — and it could cost them dearly.

Homeowners in poorly planned Duranta Drive, Gowanbrae have been ordered to head to court. Picture: Rob Leeson

Homeowners in a Gowanbrae street could be forced to brunt of the cost of estate landscaping after being served with a court order.

Shocked Duranta Drive residents were served with legal documents three weeks ago to appear in VCAT to determine who was responsible for completing permit conditions, including the landscaping of common areas, in the street as an ongoing stoush between the Moreland Council and developer Melrose Land Sales boils over.

Houses on the street, first built in 2014, have been plagued with a series of problems including driveways too narrow to drive a car down, houses being too close together and no hand railings for safety on a “stairway to nowhere”.

The stairway to nowhere, which has no handrail for safety. Picture: Rob Leeson.

Leader reported in June last year a chunk of fence from behind a row of homes broke off and toppled into a resident’s backyard.

The resident told Leader had someone been outside when the fence fell it would have killed them.

Part of a fence fell down a four-metre drop into a backyard on Duranta Drive, Gowanbrae.

Others living in the street were scraping the bottom of their cars on driveways so steep and poorly designed they suggested turning a vacant block into a carpark as an alternative parking option.

Residents have been battling the council for more than a year to have the problems fixed.

Gowanbrae Residents Group vice-president Shanaka Perera said homeowners shouldn’t have to deal with this type of behaviour from their council.

“It’s an unusual move and it doesn’t seem right that residents should have this happen to them,” Mr Perera said.

“I’m not sure why they have been dragged into this when the issue is between the council and developers.”

Many of the homes have high concrete walls behind them. Picture: Rob Leeson

The Leader understands developer, Melrose Land Sales, had also been issued with a notice.

Moreland Council city futures director Kirsten Coster said the matter had been escalated on the back of resident complaints.

“In response to resident complaints, (the) council has made an application to VCAT to require the completion of the landscaping of the common areas and other matters within the Duranta Drive development,” she said.

“The original developer, builder and the new land owners are all notified to be a party to this hearing to assist in a resolution being reached.”

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Mr Perera said residents had been left shocked and scared after they received the legal documents in the mail.

“Some people have sold or are trying to sell their houses because of the stress,” he said.

“I have been told about 20 to 40 houses received the notices.

“A lot of the people who live there are first homeowners, new parents or migrants.”

Ms Coster said following an administrative mention on October 4, a mediation hearing will be set in December.

“If residents, council and the original estate developer and builder cannot reach an agreement through this mediation process, the matter will go before a Hearing of the Tribunal in February 2020,” Ms Coster said.

“This Hearing would determine who is responsible for implementing the outstanding requirements of the planning permit.”

Ms Coster said Moreland Council had attempted to negate any need for VCAT involvement by working with residents, but a resolution had not been reached.

Melrose Land Sales has been contacted for comment.