Date of last update: 1st August 2025
This page is provided in good faith to document safety, compliance, and operational integrity in the public interest.
In a well-functioning planning system, compliance roles are typically fulfilled by government authorities. In the absence of any designated compliance officer from The Department of Transport, I have acted as a temporary steward of compliance, safety, and operational order — not by choice, but by necessity.
In the absence of lawful oversight and in full view of the community, I have accepted the de facto responsibility of ensuring this site remains safe, operational, respectful of public expectations, and compliant with the intended purpose of TRZ2 land as defined in Clause 36.04 of the Victorian Planning Provisions.
This isn’t a power grab — it’s a stopgap. A vacuum of authority cannot be allowed to become a vacuum of accountability.
A Note to Decision-Makers: If any agency wishes to challenge my legal standing or site operations, I invite them to first review the documented record of public compliance, visual integrity, operational safety, and the legislative contradictions that placed a privately owned block into a government-only zone. Let’s fix the error — not penalise the solution.
Community members concerned about government inaction in this matter are encouraged to respectfully contact the Department of Transport
The email address is: CustomerEngagement@transport.vic.gov.auI invite cooperation from all levels of government and remain open to formalising a compliant, lawful, and collaborative framework for this unique parcel of land — one that respects both its legal history and its future potential.
📧 Email: clarke@spotswoodtrailers.com.au
📞 Phone: 0432 359 166
On the 5th August 2025 Spotswood Trailers was notified by The Hobsons Bay Council that:
Despite the acknowledged discrepancy between the public zoning and private ownership of this land, the Hobsons Bay City Council has expressed its interpretation of Clause 36.04-1 – Transport Zone 2 of the Hobsons Bay Planning Scheme as follows:
According to Council, the land use currently in operation—namely the storage and hiring of trailers—does not fall under a Section 1 use that is exempt from requiring a planning permit.
Council contends that such a use may be considered a nested use under the categories of ‘motor vehicle, boat or caravan sales’, ‘trade supplies’, ‘store’, or ‘retail premises’, as defined in Clause 73.03 – Land Use Terms of the Planning Scheme.
Council further asserts that any use not explicitly listed under Section 1 must satisfy the condition that it is “for a transport purpose and carried out by or on behalf of a relevant transport manager.” As I am the landowner and not the relevant transport manager, Council claims this condition is not met and that the use therefore requires a planning permit.
Based on this interpretation, Council is of the view that the current use of the land constitutes a breach of the Hobsons Bay Planning Scheme.
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Statutory Planning & Compliance: Council Position
and my follow up email refuting Councils arguments here: Refutation of TRZ2 Breach Allegation – Legal Grounds and Zoning Invalidity 7 Cullen Court Spotswood
Despite over four months of sustained effort and documented communication, the Department of Transport has yet to take any meaningful action to address the clearly identified issues affecting the boundary of 7 Cullen Court, Spotswood.
These unresolved matters — including overgrown vegetation, structural encroachment, and blocked drainage — continue to pose risks to safety, infrastructure, and compliance integrity.
Note bollards and chain links which I installed personally preventing public access to the rock safety hazard
Department of Transport - This tree is a road safety hazard. It is dangerously overhanging my mothers TRZ2 zoned property and it needs to be cut back as soon as possible. Victorian Ombudsman Complaint C/25/9566. You stated to the ombudsman that the safety issue would be resolved by late July. It is now August and the works have still not even been started.
Department of Transport - This tree, located within the Department’s jurisdiction, presents a clear safety hazard that remains unresolved. Please cut it back as soon as possible to resolve the safety hazard. Victorian Ombudsman Complaint C/25/9566. You stated to the ombudsman that the safety issue would be resolved by late July. It is now August and the works have still not even been started.
Department of Transport - This is a Google Earth screenshot of your large tree. Please cut it back as soon as possible to resolve the safety hazard. Victorian Ombudsman Complaint C/25/9566. You stated to the ombudsman that the safety issue would be resolved by late July. It is now August and the works have still not even been started.
Latitude: -37.82572654
Longitude: 144.87981343
Latitude: -37.825556
Longitude: 144.880000
Department of Transport - Please resolve the significant weed overgrowth on our boundary fence line. The spoon drain which drains into this drain on my mothers property is blocked due to your weed overgrowth. This has created a water flow issue which puts my mothers property at risk of flooding. Victorian Ombudsman Complaint C/25/9566.
Department of Transport - Please resolve the significant weed overgrowth on our boundary fence line. The spoon drain which drains into this drain on my mothers property is blocked due to your weed overgrowth. This has created a water flow issue which puts my mothers property at risk of flooding. Victorian Ombudsman Complaint C/25/9566.
