Mornington Peninsula Shire considering turning Mount Martha lane into public reserve
Property owners in a pricey pocket of Mount Martha have been enjoying the exclusive use of an old lane behind their houses for decades. That could be about to change.
South East
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A night cart lane created more than 100 years ago is at the centre of a “heated” dispute among well-heeled Mornington Peninsula residents.
Over the years a handful of Mount Martha properties have enjoyed exclusive use of the lane which runs behind multimillion houses on Kilburn Grove, Elmie Terrace and Glenisla Drive.
Some of the 16 households regard the lane as part of their properties and at least one has claimed adverse possession of part of the road.
The local council is now investigating discontinuing the road and taking over the land.
Mornington Peninsula Shire said the move would bring the land under the control of the council’s local laws and prevent any further adverse possession.
The move follows angst about the council’s lack of action to stop another Mount Martha clifftop property owner from occupying a huge chunk of public land, including a road reserve.
According to a council report the shire’s bid to take over the Mount Martha lane would ensure future access to South East Water sewers and drains within the road.
Ultimately the land would be used to create a public reserve and green bio-link to promote a habitat for flora and fauna.
Residents were tight lipped about the future of the road, saying only that disputes between households for and against discontinuing the road and allowing public access had become “heated”.
The tensions were acknowledged in a council report, which highlighted the important of the council considering “all views” before making a decision.
“Given the uncertainty on the views of adjoining owners on the future of the road, with some
owners potentially claiming the road by asserting adverse possession rights and others
wishing for public access, there is a need for the Council to consider all views and make a
final decision on the future of the road following receipt of submissions,” the report said.
In April 2022 councillors unanimously voted in favour of starting the statutory process to discontinue a small section of the lane between 27 Kilburn Grove and 20 Normanby Terrace which was on council land.
On Tuesday councillors will be asked to authorise shire staff to notify property owners of an intention to discontinue the entire lane.
Property owners would be given the chance to submit their views on the plan which would be included in a further report to the council for a final decision.
