Wodonga City Council (Council) gives notice under Section 189 of the Local Government Act 1989 (Act) that it intends to:
- Sell the ‘Land’ described below; and
- Create a 6.5 metre wide carriageway easement over the part of the land contained in certificate of title volume 11256 folio 373, known as 37-39 Elgin Boulevard, Wodonga, in favour of 41-43 Elgin Boulevard, Wodonga as shown on the plan below (Carriageway Easement), together ‘Proposal’.
The land which is the subject of the Proposal (Land) is:
- The land shown hatched on the plan below, comprising the land contained in certificates of title volume 11256 folio 374 and (part) volume 11256 folio 375, known as 41-43 Elgin Boulevard, Wodonga (41-43 Elgin); and
- The land shown hatched on the plan below, comprising the land contained in certificates of title volume 7313 folio 569, volume 8071 folio 034, volume 8098 folio 756 and (part) volume 11256 folio 375, known as 26 Stanley Street, Wodonga (26 Stanley).
The Proposal is that the Land be sold by private treaty to Criterion Property & Capital Pty Ltd ACN 604 903 540 (Purchaser), pursuant to a single staged contract of sale (Contract).
The key terms of the Contract are as follows:
- In respect of 41-43 Elgin:
1.1 a purchase price of $1,740,000 plus GST;
1.2 a deposit of $25,000; and
1.3 settlement will be due on the date which is 90 days after the after the Purchaser obtains a planning permit for 41-43 Elgin as a comprehensive development (Elgin Planning Permit);
- In respect of 26 Stanley:
2.1 a purchase price of $1,810,000 plus GST;
2.2 a deposit of $25,000; and
2.3 settlement will be due on the date which is 90 days after the after the Purchaser obtains a planning permit for 26 Stanley as a comprehensive development (Stanley Planning Permit);
- The sale of 41-43 Elgin is to be conditional on:
3.1 the Purchaser procuring the Elgin Planning Permit within 15 months after the day of sale (Elgin Approval Date); and
3.2 the Purchaser procuring binding pre-commitments from third parties to lease and/or purchase a total of not less than 50% of the net leasable/saleable floor space, by the Elgin Approval Date;
- The sale of 26 Stanley is to be conditional on:
4.1 the Purchaser procuring the Stanley Planning Permit within 21 months after the day of sale (Stanley Approval Date); and
4.2 the Purchaser procuring binding pre-commitments from third parties to lease and/or purchase a total of not less than 50% of the net leasable/saleable floor space, by the Stanley Approval Date; and
- The sale of the Land will be conditional on:
5.1 Council procuring registration of a plan of subdivision to subdivide the Land generally in accordance with the plan above and create the Carriageway Easement (Plan of Subdivision), within 12 months after the day of sale; and
5.2 the Purchaser entering into an agreement pursuant to section 173 of the Planning and Environment Act 1987 which requires the Purchaser to substantially commence and practically complete the development of 41-43 Elgin and 26 Stanley, within specified timeframes.
A person may make a submission on the Proposal.
Any person proposing to make a submission under section 223 of the Act must do so by 5pm on Monday, November 11, 2019.
All submissions will be considered in accordance with section 223 of the Act.
Submissions should be addressed to the Chief Executive Officer, and can be hand delivered to Council’s Customer Focus at 194B High St, Wodonga or posted to the following address:
Chief Executive Officer
Wodonga City Council
PO Box 923
WODONGA VIC 3689
Any person requesting to be heard in support of his or her submission is entitled to be heard before Council (or a Committee established by Council for this purpose) or be represented by a person acting on his or her behalf, and will be notified of the time and date of the hearing.
Mark Dixon
Chief Executive Officer
Wodonga City Council