| Zoning Legitimacy (Clause 23) |
TRZ2 applied without written consent as required by Ministerial Direction Clause 23. FOI confirms no consent exists. |
Extreme – renders zoning ultra vires and unenforceable |
Certain – confirmed by FOI - See here |
🔴 Critical |
Your move Minister for Planning and Minister for Roads and Safety. |
| Loss of Regulatory Control |
Private land governed by a transport zoning not meant for private citizens. Council has no jurisdiction, and DoT has no statutory authority. |
High – regulatory vacuum leaves site effectively ungoverned placing Clarke Towson as the de facto site governor (who would rather be concentrating on his Bitcoin work overseas in Thailand) |
Certain |
🔴 Critical |
Your move Minister for Planning and Minister for Roads and Safety - Suggest Ministerial intervention to remove ultra vires TRZ2 zoning, default zoning to Mixed Use (MUZ) with custom schedule or Special Use Zone (SUZ with custom schedule) with provisions to account for existing legal use case (trailer hire / vehicle parking) given the lands extraordinary 15.27 metre road frontage and strategic location surrounded by TRZ2 zoned land. Either MUZ or a tightly scoped SUZ Schedule offers a politically and administratively safe off-ramp from the TRZ2 anomaly, restoring Council governance while preserving community-friendly use of the land. I am happy to work with The Hobsons Bay Council to help develop the zoning schedule. Primary goal: get the site under the planning control of The Hobsons Bay Council (where it should be). Public statement to regain narrative. |
| Public Disclosure |
Website makes detailed legal findings public, including legal proof, FOI responses, title documentation, and visual branding. |
High – reputational risk and undermines confidence in planning scheme |
High |
🔴 Critical |
Prepare joint comms and legal briefing. Monitor media pickup. Once ministers fix the zoning issue perhaps ask Clarke nicely to remove sections of this website (and he would be delighted to do so). |
| Legal Precedent Risk |
Private citizen has documented systemic failure. Site could become blueprint for other TRZ2 landowners. |
High – could trigger further legal reviews and land use challenges |
Medium |
🟠 High |
Audit TRZ2-zoned freehold parcels across Victoria. Review all Ministerial consent history. The risk is high if a property developer with deep pockets gets wind of all this and decides to buy up cheap TRZ2 land in private hands, prove the zoning is ultra vires via targetted FOI requests to The Department of Transport, manages to get the TRZ2 zoning removed and then sell for extraordinary capital gains or develop to make even more extraordinary capital gains. Maybe try and figure out a way to capture said gains and redirect them to hospitals, schools and charitable institutions. |
| Ministerial Accountability |
Ministers now publicly asked to intervene. Failure to act could lead to public, media, or parliamentary pressure. |
Medium–High |
Likely |
🟠 High |
Brief Minister for Planning and Minister for Roads with full history and options. Draft response letter. |
| Billboard Construction Hypothesis |
Public-facing narrative outlining a legal path to freeway-facing LED sign. Creates media risk and panic internally. |
Medium–High |
Low (whilst Clarke is in charge) |
🟡 Moderate (if ownership changes) |
Monitor site. Engage early if escalation occurs. Address policy gap in signage controls on TRZ2 private land. Keep a close eye on Clarke in case he really does go nuts and begins construction... |
