An 11th-hour decision by Moorabool council to allow an “obstructive” fence to stand in Myrniong has angered a Lohs Lane resident.
Scott Fisher urged the council to cancel an agricultural licence that applies to a 500-metre stretch of the lane, which provides sole access to his property.
Council officers recommended the 99-year licence, which is held by a neighbour, be cancelled, making it a municipal road and leading to the fence’s removal.
At this month’s council meeting, Cr Tonia Dudzik moved an unsuccessful amendment to leave the licence in place and review signage.
Councillors instead passed a motion to leave the licence intact with no review.
Mr Fisher said the land was no longer used for agriculture and a gate was blocking access to his property.
“[It] needs to be an open road and it needs to be properly maintained,” he said. “I have three kids and it’s a high-risk fire area. How’s an ambulance supposed to get through?
‘‘We have couriers who turn back because they don’t know if they’re allowed past the fence.”
Mr Fisher said the lane allowed walkers and horse riders to access tracks in Lerderderg State Forest. But they were confused as to whether the gate meant the tracks led to private land.
‘‘It’s being treated like a private gate, and people won’t come in,’’ he said.
Four properties on Lohs Lane are outside the gate; three are behind it.
But landholder Monica Bartels told the council meeting the cancellation of the licence was not in the public’s interest. “The gate should be closed at all times to prevent off-road bikes going through to the forest,” she said.
Ms Bartels agreed to leave the gate open on high-fire danger days and said a mechanised gate could be installed to provide neighbours with better access.
Speaking to the original motion, Cr Pat Toohey raised fears about maintenance of the stretch, and was told by a council officer it would cost the council about $2000 a year.
A Department of Primary Industries (DEPI) spokeswoman said agricultural licensees had no exclusive rights. “If a council determines an area should have a licence removed for public interest, then council can make an application to DEPI for its cancellation.”
Mr Fisher said he would continue to push for the fence’s removal. “All we ask is that we have unobstructed access to our property … safety should be everybody’s first priority.’’
