Retired nurse unable to develop block, TasRail refuse to sell land after historical encroachment
A historical encroachment onto government land has left a retired nurse and small-time property developer high and dry, unable to develop a historic factory in Hobart’s northern suburbs.
Tasmania
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A STOUSH over TasRail land has left a small-time property developer high and dry and unable to contribute to Tasmania’s housing stock.
Janet Hinson, a retired registered nurse, bought 3 Elwick Rd, Glenorchy with intentions to develop the rear commercial aspect into six units.
When she bought the property a council building inspector gave the tick to the property.
However upon digging a little deeper, Ms Hinson discovered that part of the land she would need to develop was owned by TasRail.
“I purchased it in 2018 … before I purchased it I had a Glenorchy council building inspector through because it’s a house, and then it’s a factory out the back,” Ms Hinson said.
Due to proximity to a main road, the Innercity Cycleway, and the rail line, Ms Hinson wanted to fence the side of the property, when she discovered nearly one third of her driveway belonged to TasRail.
“Which meant two of my buildings were encroaching on the land, but more importantly my driveway,” she said.
“I contacted Minister (Michael) Ferguson to request the purchase preferably of 1.5-2.5m of land, which is a daggy, long, grassed embankment, including the bit of driveway – which really, is no use to anybody.”
Minister for Infrastructure and Transport Michael Ferguson declined the purchase, but gave Ms Hinson the option to lease the land for five years.
The lease would not be transferable and would require her spend $20,000 to make it usable, only for the term of the lease.
Without these works and without being able to acquire the land Ms Hinson would not be able to develop the property.
A government spokesperson said Tasmanian rail corridors are not for sale.
“This is a longstanding issue that has involved significant correspondence between the landowner, TasRail and the government,” they said.
“This particular matter involves an unauthorised, and previously unknown, encroachment onto Crown land.
“An encroachment means part of the landowner’s property, in this case their driveway and shed, has been constructed on the Crown land instead of being contained within their property boundary.
“The State Rail network is strategically important and protected for future strategic use. It is not legally able to be subdivided or sold. However a managed lease arrangement can be agreed in very isolated situations such as historical encroachments.”
Originally published as Retired nurse unable to develop block, TasRail refuse to sell land after historical encroachment