Legal victory for Melbourne's Merri-bek Council as Court orders return of open space

An area of land in the Melbourne suburb of Brunswick intended for free use by local residents has been ordered to be sold back to Merri-bek City Council by the Supreme Court, in what the Council says is a major win for the community.

In a statement, the Council (formerly known as Moreland City Council) said the land at 98 Henkel Street and 1 Wendel Street was sold to a local organisation significantly under market value, with strict conditions that the open space portion remain accessible to residents. 

However, since the sale access to the area has been restricted by a local community group

Advising that the Court decision is a great outcome following repeated attempts by Council to work with the community organisation to fulfil its obligations, Merri-bek Mayor, Angelica Panopoulos stated "since the land was sold to this organisation in 2004, it has been fenced off for member-only use with membership applications continually refused."

“A whole generation of children in the neighbourhood have been denied access to this much-needed open space. The organisation has breached its contract with Council and destroyed its goodwill with the community.

“We’re thrilled that the Supreme Court has made the right decision to force the sale of land back to Council. We will immediately start the buy-back process, and later this year will ask the community for their input on how they want to access the revamped courts and building.

“This is a major win for residents, and I thank them for their patience. Montfort Park is finally back in the hands of the Merri-bek community. I want to extend my sincere gratitude to all residents who backed this campaign, especially those who gave evidence to the Supreme Court during trial.”

Mayor Panopoulos said that Council had made many attempts over many years to encourage and influence the owner of the site to give the community rightful access.

This included holding a community open day on the site, and fully engaging in several court-ordered mediation processes when the organisation filed this case against Council.

Images: The area of land now ordered to be sold back to Merri-bek Council (top, credit: Google Maps) and Merri-bek Mayor Angelica Panopoulos (below).