Clarification of Legal Status and Lawful Use of 7 Cullen Court, Spotswood (TRZ2 Zoned Land)

1. Lawful Ownership and Legal Framework

The land at 7 Cullen Court, Spotswood is privately owned freehold land, not part of the Crown estate or under VicRoads / The Department of Transport custodianship.

Private Ownership and status are supported by the following documentation:

• Register Search Statement Registered Proprietor: Faye Maree Towson
• Certificate of Title
• Instrument H322270 (1978)
• Government Gazette dated 5th July 1978
• Live Vicmap zoning and planning overlays
• No written consent was ever issued by the Head of Transport for Victoria (or any authorised officer) to apply TRZ2 zoning to the privately owned land at 7 Cullen Court, Spotswood - See here and here which proves the current TRZ2 zoning of our site is ultra vires (beyond lawful power)

This unique situation places a Transport Zone 2 over land that is privately owned and not encumbered by acquisition overlays, restrictions, or VicRoads ownership.

2. Lawful Use Under Section 6(3) of the Planning and Environment Act 1987

The site has been lawfully activated as a trailer hire operation. The following infrastructure has been installed:

• Removable stainless-steel bollards and 10mm security chain
• Garden carts, flowerbeds, and native flora
• Security cameras and signage
• Curved curb ramps for vehicle access
• Trailer units for short-term public hire

No permit is required under the VPP for this low-impact, open-air usage on privately held TRZ2 land, especially where no overlays, incorporated documents, or referral triggers apply.

3. TRZ2 in Private Hands: Legal and Strategic Implication

Clause 36.04-3 assumes that land zoned TRZ2 is owned by a public transport manager. In this rare instance, the zoning was not accompanied by any transfer of ownership or legal basis for referral.

• There is no statutory referral authority under Clause 36.04-3 for this land.
• There is no transport manager to consent or object.
• There are no overlays or incorporated plans impacting the land.

This loophole creates an unregulated corridor of lawful private activity on land otherwise assumed to be for public use. The law, as written, defaults control to the private owner unless and until rezoning or overlay action is taken by the Minister.

4. Transparency and Strategic Lawful Positioning

All activation has been fully transparent, captured via live CCTV, and documented online. Compliance officials from Hobsons Bay Council have already visited the site without checking land titles and photographed the activation without consent, resulting in:

• Unlawful trespass by council staff
• Photographs of a lawful private activation
• CCTV evidence submitted under FOI and archived

5. Respectful Warning: Ministerial Action Is the Only Remedy

Unless and until the Minister for Planning rezones this parcel, the current zoning permits the existing low-impact commercial use. Council, VicRoads, or any Department of Transport official has no authority under the current VPP structure to compel cessation of activity.

Any future restriction of use would require:

• Rezonation of the land to an applicable non-transport zone
• Application of overlays limiting commercial use or signage
• Ministerial amendment of Clause 36.04-3 to include privately held TRZ2 referral rules

6. Moving Forward

I welcome professional, respectful engagement. I remain open to consultation with the Department of Transport and Planning, the Planning Minister’s office, or Council — and will continue to maintain lawful public documentation of all proceedings and operations.

This open letter is issued as both a courtesy and a strategic signal of the lawful status and strong legal positioning underpinning 7 Cullen Court’s use.