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Published Tuesday 9 March 2021
Tag:Public Notices

Public Notice - Notice of intention to Lease Land and to Sell Land

In this public notice:

> 1989 Act means the Local Government Act 1989;

> Land means that 10ha part of the Council-owned land at 470 Seymour-Tooborac Road, Hilldene (being the land in certificate of title volume 10766 folio 973), which is shown cross-hatched on the plan below:

In accordance with section 190 of the 1989 Act, Mitchell Shire Council hereby gives public notice of its intention to lease the Land, to Brunton Engineering & Construction Pty Ltd (Lease Proposal). The Lease Proposal may include the following elements:

> the lease term would be no more than 50 years; and

> the proposed permitted use would be industrial in nature and would allow other use and development as would permissible (with or without a planning permit) under the Mitchell Planning Scheme; and

> the tenant would pay a nominal rent until the tenant’s business is operational on the premises and after the tenant’s business is operational, the tenant would pay a market rent; and

> Council would grant the tenant an option to purchase the Land when certain Preconditions have been met including (but not limited to) the Land being subdivided to create a separate title to the Premises; and

> other agreed terms.

In accordance with section 189 of the 1989 Act, the Mitchell Shire Council hereby gives public notice of its intention to sell the Land to the tenant in the event that the Preconditions are met (Sale Proposal). The Land will be sold by private treaty when the tenant has exercised its option to purchase the Land after the Preconditions are met. The principal terms of the contract of sale would include (but would not be limited to):

1. A purchase price equivalent to the market value of the land as determined by a valuer appointed by the Council.

2. Payment of a deposit of 10% of the price on exchange of contracts.

3. Settlement will take place 90 days after the day of sale or such other timeframe agreed with the tenant.

Under section 223 of the 1989 Act, a person has a right to make a submission on the proposed lease of the Land (ie, the Lease Proposal), or on the proposed sale of the Land (ie, the Sale Proposal), or both.

All submissions will be considered in accordance with section 223 of the 1989 Act. Submitters should note that regulations made under the 1989 Act require the Council to make available for public inspection submissions received in accordance with section 223 of the 1989 Act during the previous 12 months.

A person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission.

Submissions must be in writing and received by Council by no later than 5pm, Friday 9 April 2021.

Submissions should be addressed to the Chief Executive Officer, and can be:

> emailed to

> posted to 113 High Street, Broadford VIC 3658

Any person requesting to appear in person or

to be represented by a person specified in his

or her submission will be notified of the day,

time and place of the meeting of the Council or of a committee determined by the Council to hear submissions.

Enquiries about this proposal can be made with Amy Reynolds, Senior Investment Facilitation Officer, Economic Development, Mitchell Shire Council on 5734 6418.

This page was last updated on 9 March 2021.