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Rubicon resident Shelley Creighton asked questions and addressed Councillors at last week’s Murrindindi Shire meeting held at Yea.

“What security did the Murrindindi Shire provide to the residents or buyers of Rubicon Village for the essential services (water and sewerage) prior to 2017 as per rule 32.05 of the Murrindindi Shire Planning Act?” Ms Creighton asked.

Craig Lloyd, Council CEO, replied: “As outlined in the letter from Clare Kiely, Regional Director, Department of Environment, Land, Water and Planning n September 2017, it was committed that (DELWP, Department of Education and Training, Goulburn Valley Water and Murrindindi Shire Council) will work together with residents in determining a long term government solution that will guarantee a security of supply of water and sewerage.

“In the interim, temporary water supply and sewage services are in place. Work on options in relation to the solution referred to above continues and DELWP are leading this work.
“DELWP have advised they will provide a further update to residents shortly.

“In the first instance the section 32.05 of the Murrindindi Planning Scheme sets out uses that are allowed or not allowed in the Township Zone (as applies in Rubicon Village) and conditions associated with this.

“This has effect where:
• Council is required to make a decision under the Planning and Environment Act, for example, to issue a permit for subdivision
• where Council is aware of a use that is occurring that is outside the provisions of the planning scheme.

“At the time of issuing a planning permit in 2005 for the subdivision, Council needed to be satisfied that the requirements around water and sewerage services were met and included conditions related to this.

“Council was subsequently satisfied that a system was in place and issued a Statement of Compliance in 2007 and as a result the lots in this subdivision were released.

“Evidently, the arrangements for sewerage and water services have not worked as intended.

“As a result, in September 2017 agencies committed to work to a long term government solution.

“The Planning and Environment Act and the Murrindindi Planning Scheme do not provide for Murrindindi Shire Council to provide ongoing security to residents and uyers in relation to water and sewerage.

“Under the Planning and Environment Act the ongoing obligation for use and development to be consistent with the Murrindindi Planning Scheme rests with the relevant land owners, rather than with Council.
“Notwithstanding, Council is working, with other agencies, toward a long term government solution,” Mr Lloyd said.

Ms Creighton asked: “Why were lots 17 to 25 omitted from the plan in the sale of lot 26 making the Owners Corporation of Rubicon Village dysfunctional at the mercy of lot owner 26 with 32 per cent of the vote?”

Mr Lloyd replied: “The initial stage of the development and subdivision (as reflected in the planning permit issued in 2005), as you indicate, did not include lots 17 to 25.

“Council understands that it was intended that there was to be another stage of the subdivision, that would have further subdivided Lot 26 to provide lots 17 to 25, and that did not occur.

“The reasons for this are a matter for the developer.

“The result is however, as you indicate, one of the lots having a larger voting entitlement than other lots and this can impact decision making.

“Hamilton Murphy, as the administrator of the OC, has provided advice about how decisions of the OC can be obtained in these circumstances.”

Ms Creighton (representing Rubicon Village) spoke about the sale of lot 26 at Rubicon Village and issues regarding water and sewerage in the Rubicon Village.