Clarification of Lawful Use and Strategic Activation of 7 Cullen Court, Spotswood (TRZ2 Zoned Land)
An Open Letter to Hobsons Bay Council Compliance / Planning Department,
This page formally clarifies the strategic and lawful nature of the activation of the privately owned parcel at 7 Cullen Court, Spotswood, zoned TRZ2 under the Victoria Planning Provisions (VPP).
1. Lawful Ownership and Activation
- The land is not Crown land or VicRoads owned. It is privately titled freehold land, as documented in:
- Under Section 6(3) of the Planning and Environment Act 1987, I have:
- Activated the land with trailer hire operations
- Installed removable bollards, stainless-steel security chains, garden elements, cameras, signage, and curb ramps
- Done so lawfully, without need for permit, as no planning triggers under the TRZ2 zone apply to such low-impact activity
2. TRZ2 in Private Hands = No Statutory Referral Path
- TRZ2 assumes public land, but my site is private. Therefore:
- No valid referral authority exists under Clause 36.04-3
- No public transport manager has jurisdiction
- No overlay or incorporated plan restricts the current use
- The Planning Scheme has no clause which prevents or regulates what I’ve done.
3. Council Compliance Officer Visit — Strategic Impact
- Your compliance officer visited without verifying ownership, resulting in:
- Unauthorized trespass onto private property likely as a result of internal policies and procedures assuming my mother's TRZ2 must have been public land which it is not
- Photographs taken of a lawful activation of privately owned TRZ2 zoned land and a business in operation
- My CCTV system capturing the entire interaction
- This footage has been submitted as part of an FOI request and will be archived (but will not be published).
4. Intentional Public Use to Establish Rights
- My use now qualifies as existing lawful use under the Planning and Environment Act
- I have intentionally made my activities public, transparent, and documented
- Any future action by Council will need to consider the strategic legal positioning already achieved
5. Respectful Warning: Ministerial Intervention is Required to Alter This
- Only The Minister for Planning The Hon. Sonya Kilkenny has the authority to:
- Rezone the land
- Apply overlays to limit existing use rights
- Amend the planning scheme in a way that affects my lawful operations
- Council does not have jurisdiction to interfere with lawful use of a TRZ2-zoned private title under current VPP provisions.
6. Moving Forward
- I welcome professional, respectful engagement. Any further compliance actions must be:
- Backed by law
- Cognizant of ownership
- Respectful of the serious legal groundwork already in place
- I remain happy to cooperate and share further documentation if requested.
Kind Regards,
Clarke Towson
Owner representative 7 Cullen Court Spotswood
Legal Documentation: LegalAndExistingUseRightsNotice.html
Published Date: 19th July 2025