Update 26 October 2021: Following a four week consultation process with the community and traders, Bayside City Council decided to sell a small piece of land (102m2) located at 126 Carpenter Street in Brighton to the adjoining owner of 124 Carpenter Street, Brighton for $300,000 plus gst.
The subject land previously formed part of William Street and since 1971 has been utilised as a car park/loading bay by Monkhouse and Son at the adjoining premises at 124 Carpenter Street, Brighton. The business requires the subject land to maintain the ongoing operation of its activities. The car park was operating under a Licence Agreement with Bayside City Council and this licence expired in March 2021.
124 Carpenter Street, Brighton was later purchased by Environmental Funerals Pty Ltd who has since expressed an interest in purchasing the subject property rather than entering into a new Licence Agreement with Bayside City Council. The licence fee for the subject land is currently $8,717 per annum.
The land contains an underground sewerage easement that would need to continue to be accessed by South East Water following the sale.
Council asked the community what they thought about the proposed sale. This feedback has been compiled into a Community Engagement Summary report and was presented to Council for their consideration at the Council meeting on 26 October 2021.
Community engagement summary report
Read a summary of your feedback on the proposed sale of 126 Carpenter Street, Brighton
Legislation has recently changed. Under the new Local Government Act 2020, Council is required to undertake a community engagement process on a proposed sale of Council-owned land in accordance with its Community and Stakeholder Engagement Policy 2021.
This requirement replaces the formal Section 223 process required under the Local Government Act 1989 and is designed to strengthen community involvement in decision-making, and trust and confidence in Council to make evidence-based decisions that benefit the Bayside community through the consistent application of a transparent process.
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If you would like to ask a question or need more information about the proposed sale of 126 Carpenter Street, Brighton, you can submit a question below. Please allow up to two business days for a response.
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Feedback closed atl 5pm on 18 August 2021
Thank you for your question. If Council decides to sell, and unless determined otherwise, the funds will be placed in consolidated revenue.
Is the only reason you are offering the sale to Monkhouse because they have benefited with access to their property from a public space for so long and if someone else were to buy the space it may block the exclusive access to their building? If someone else were interested in buying it and complied with all building regulations including South East Water access could that be an option?
Thank you for your query. The land is being sold in accordance with Discontinuance and Sale of Roads, Right of Ways and Drainage Reserves Policy 2014 which states that Council will only sell such land holdings to abutting property owners.
As above, given that the parcel of land fronts the street, the land should be being offered for public sale, not exclusive only to Alisson Monkhouse. In addition did Alisson and Monkhouse obtain Council's consent and a Building Permit to build a masonry wall and landscaped courtyard for ancillary use with the funeral parlour on this Council owner parcel of land? If this parcel of land is sold for public interest, will this courtyard and wall be removed? Nominate location of the easement?
Thank you for your query. The land is being sold in accordance with Discontinuance and Sale of Roads, Right of Ways and Drainage Reserves Policy 2014 which states that Council will only sell such land holdings to abutting property owners.
For the location of easement on title please see the Title Plan which is also in the Document library on the right hand side of this page.
If the business has been enjoying use of this land for fifty years, have you investigated if there are any rights of adverse possession that they could exercise, as an alternative to purchase?
Thank you for your query. Council cannot comment on any rights that the purchaser may or may not have with respect to this land, however the business has been utilising the land with Council consent by way of the License Agreement.
How do you know that selling to this buyer achieves the best purchase outcome for the ratepayers?
Thank you for your question. The land is to be sold at market value determined by an independent qualified valuer in accordance with Discontinuance and Sale of Roads, Rights of Ways and Drainage Reserves Policy 2014.
What are the rules to decide whether to sell only to the council preselected buyer or open it up? Who decides this? Is there any conflict of interest?
Thank you for your query. In accordance with Discontinuance and Sale of Roads, Rights of Ways and Drainage Reserves Policy 2014, Council will only sell such land holdings to abutting property owners and the proposed sale is subject to Council's approval. There has been no identified conflict of interest.
Why is there a board outside with the sale price details of $300K if no one else can purchase the property? Why is the Monkhouse the only ones that can buy it?
Thank you for your enquiry. Under the new Local Government Act 2020, Council is required to undertake a community engagement process on a proposed sale of Council-owned land in accordance with its Community and Stakeholder Engagement Policy 2021. The sign at the property is one part of the community engagement process. The business adjoining has utilised the land for over 50 years as a carpark/loading bay for the business. Therefore Council is not considering any other purchasers for the parcel of land as part of this process.
Thanks for your question. The land has been utilised as a carpark/loading bay under a Licence Agreement with Bayside City Council. Rather than entering into a new Licence Agreement the business will gain title to the subject land and securing an ongoing use of the land as a carpark/loading bay.
What are the building restrictions on the space? Can I build a double story? If the property was bought by another party other than the Monkhouse do you have to leave access to their garage? Rather than a diagram of the space for sale can you provide a photo with an overlay of the boundaries pls?
Thanks for your question. Any construction on the land will be subject to the permit process under the Planning and Environment Act 1987, there is also an underground sewerage easement that will need to be retained in favour of South East Water. The business at 124 Carpenter Street, Brighton requires an ongoing access as part of their operation and the land is not offered for anyone else to purchase. On the right-hand side of this page there is a picture provided, subject land is highlighted in yellow.
Could you please provide on the above map, 76 Carpenter St. and 124 Carpenter St side by side?
Hello, and thank you for your question. I have uploaded a pic of 76 Carpenter and 124 Carpenter to the Document Library on this project page. This section of the web page doesn't have the facility to include an image unfortunately.
thanks
Anton
Submissions have now closed
Our preference is for you to give your feedback via the link on this page but these alternatives were also available:
- Via email or phone using the contact details listed above
- In person to the Corporate Centre at 76 Royal Avenue, Sandringham (COVID restrictions apply)
- Via post to Bayside City Council, PO Box 27 Sandringham 3091
- Anonymously using any of the above methods
- Materials can be provided in accessible formats upon request.
Submissions closed at 5pm on 18 August 2021.
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