7 Cullen Court Spotswood West Gate Freeway Road Reserve

Live Security Camera Feed from The West Gate Freeway Road Reserve in Spotswood

Since the West Gate Tunnel Project began the West Gate Freeway Road Reserve adjacent to 7 Cullen Court and 12 LeFevre St Spotswood has been neglected. Prior to the project starting VicRoads regularly maintained the land.

The timer below indicates the total number of days, hours, minutes and seconds since the contracts were signed between the Victorian Government and Transurban to develop The West Gate Tunnel Project (the land has been neglected since approximately that date).

Approximate time that the land has been neglected:

🚧 Why This Live Stream Matters

The Westgate Freeway Road Reserve in Spotswood contains a large spoon drain which is an easement on the titles of 7 Cullen Court and 12 LeFevre St Spotswood. Lack of maintenance of the road reserve is causing us the inability to access our spoon drains.

Spoon drains are critical flood prevention infrastructure designed to guide surface water safely away from homes, roads, and buildings.

When government departments fail to maintain their land and allow vegetation to overgrow or block these drains:

⚠️ Water builds up and floods adjacent private land
⚠️ Drainage is reversed or redirected into homes
⚠️ Structural foundations can become saturated and fail
⚠️ Public infrastructure and roads may be undermined

Government departments and contractors have a legal duty of care to maintain drainage paths like spoon drains or to allow the neighbour responsible for the drain if it's on private property the ability to access it. Neglecting an issue like this — especially after receiving notice — exposes the government and large private contractors they work with to potential legal and financial liability.

This live stream publicly documents an example of neglect by multiple responsible entities. The land being monitored belongs to or is overseen by:

🛣️ VicRoads
🛠️ The West Gate Tunnel Project
🏗️ John Holland and CPB Contractors
🚧 Victorian Department of Transport & Planning
🕵️‍♀️ Victorian Ombudsman (for oversight)

This is not just a local issue — it's a matter of transparency, accountability, and public safety.

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Top Down Map Photo of the Road Reserve:

Image 1: A top down view of The West Gate Freeway Road Reserve. Highlighted in yellow is the area which has not been adequately maintained for many years now since the start of The West Gate Tunnel Project. Directly to the right is the John Holland / West Gate Tunnel Compound on Melbourne Road.

Note: Image does not reflect works which The West Gate Tunnel Project have completed in one section of the road reserve at right which includes new vegetation.

Hobsons Bay Council Zoning Map:

Image 1: This is a Hobsons Bay Council Planning Scheme Map. Note the Blue highlight. This is what's known as an SBO (Special Building Overlay). As can clearly be seen from the map part of the main property at 7 Cullen Court and the entire property listed as 12 (which is my mothers vacant block on a separate title) are subject to the Special Building Overlay.

To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

To protect water quality and waterways as natural resources by managing urban stormwater, protecting water supply catchment areas, and managing saline discharges to minimise the risks to the environmental quality of water and groundwater.

Work that's required on a regular basis

Image 2: A top down view of The West Gate Freeway Road Reserve from Land Map Data. Highlighted in yellow is the area which has not been adequately maintained for many years now since the start of The West Gate Tunnel Project. Directly to the right is the John Holland / West Gate Tunnel Compound on Melbourne Road.

Photos of the Road Reserve (Taken on 10th April 2025):

Below are photos of the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood. As can be seen in the photos the area has not been kept up / maintained and there is a large amount of overgrowth and shrubs. This overgrowth is preventing me from accessing my spoon drain. I need to clear the drain out to prevent what is known as Overland Flooding.

Image: Overland Flooding.

Note this last photo - The West Gate Tunnel Project are maintaining that section of the road reserve very well and it's a credit to the team they have who has been responsible for that section of the road.

🌿 Vegetation & Infrastructure Assessment – West Gate Freeway Road Reserve

This section documents the current condition of the road reserve adjacent to 7 Cullen Court, Spotswood based on photographic evidence and on-site observations. The overgrowth and infrastructure state pose several risks to public safety, flood control, and property integrity.

🔎 Identified Issues & Required Actions

1. Severe Overgrowth of Vegetation

Thick underbrush and unmaintained shrubbery.
Fallen branches remain uncleared.
Overhanging limbs risk contacting fence structures.

Action: Full-scale vegetation clearing and tree pruning.

2. No Visible Pathways or Access Points

No access tracks or gravel paths present.
Vegetation restricts safe movement for inspections or emergency response.

Action: Create clear, maintained access paths with signage.

3. Compromised Fence Structure

Fencing visibly bent, barbed wire sagging.
Mesh structure warped and potentially compromised.

Action: Reinforce or replace fencing, restore security perimeter.

4. Lack of Vegetation Management Plan

No evidence of recent clearing or inspection.
Invasive plant species are dominating area.

Action: Implement regular vegetation management with ecological oversight.

5. Poor Drainage Visibility

Drainage system / spoon drain is completely obscured by plant matter.
Leak detection or access for maintenance is severely hindered.

Action: Clear around known drains, inspect and mark culverts, install flood monitoring tech.

🧾 Summary of Recommended Actions

Task	Priority	Responsible Authority
Vegetation clearing and tree pruning	🔴 High	CPBJH / MTIA / Hobsons Bay Council?
Fence repair and security reinforcement	🔴 High	CPBJH / Department of Transport / Clarke Towson
Create access pathways	🟠 Medium	CPBJH / VicRoads?
Scheduled vegetation & pest management	🟠 Medium	Hobsons Bay Council / EPA?
Drainage point inspection and marking	🔴 High	Melbourne Water / MTIA?
Install CCTV & flow monitoring systems	🔴 High	CPBJH / DOT?/ Clarke Towson

Below is a video of the major leak that occurred on Sunday 20th April 2025 from the water installation inside the road reserve which The West Gate Tunnel Project is responsible for. As can be seen in the video this is a large amount of water that leaked and went into my drainage pit on my vacant block. We were very lucky this time that the drain was not blocked otherwise Cullen Court would have flooded for the 2nd time in less than 2 years.

I calculated between 800,000 to 2 million litres of water was leaked from the broken pipe within the approximate 24 hour period that the leak was present.

🎥 Site Footage taken Sunday 20th April 2025

⚠️ Infrastructure Design & Monitoring Concerns

Following the recent major water leak, I have serious concerns about the design, construction quality, and monitoring of the system.

I have outlined the following technical and operational questions that I believe require The West Gate Tunnel Projects urgent attention and possibly the attention of:

The Victorian State Government

The Department of Transport and Planning

The Minister for Transport and Infrastructure

The Major Transport Infrastructure Authority (MTIA)

CPB Contractors

John Holland

The Hobsons Bay Council

The Environment Protection Authority (EPA)

The Victorian Ombudsman

A system like this should have pressure monitoring, flow detection, and early warning systems. It should include flow meters with alert triggers, zone isolation valves, and real-time monitoring to prevent leaks that risk property damage to surrounding landowners.

The current design appears to rely on passive discovery, which creates unacceptable risk. If this infrastructure were located near a high-density residential or commercial area, it is unlikely it would be left in such a condition or designed with such minimal monitoring capabilities.

Date	Action Taken	Authority Contacted	Clarke's Notes
Saturday 1st June 2024	Email sent	West Gate Tunnel Project (CPBJH JV)	Reported large water outflow from their installation in the road reserve which caused flooding at Cullen Court.
5th December 2024	Email sent	West Gate Tunnel Project (CPBJH JV)	Reported masked hoodlums entering The West Gate Tunnel compound on Melbourne Road Spotswood via Cullen Court early in the morning. Sent security camera footage to the team.
29th March 2025	Email sent	West Gate Tunnel Project (CPBJH JV)	Reported damage to the sidewalk at 7 Cullen Court caused by tunnel works.
Sunday 13th April 2025	Email sent	West Gate Tunnel Project (CPBJH JV)	Reported my concerns about possible overland flooding near Cullen Court and not being able to access my spoon drain due to their overgrown vegetation due to lack of maintenance in the road reserve.
Sunday 20th April 2025 5:00 am	Upon leaving my house I noticed noise coming from The West Gate Freeway Road Reserve. Due to poor visibility I assumed it was works related to the tunnel project and I took no action.	N/A	Increased visibility is required in order for me to visually see the water installation in the road reserve.
Sunday 20th April 2025 12:58 pm	Email sent and phone call made	West Gate Tunnel Project (CPBJH JV) & Department of Transport	The loud noise from The West Gate Freeway Road Reserve was still present. Decided to investigate further. Entered the road reserve via my locked gate. Noticed an emergency stuation with a massive amount of water leaking from their water installation. Alerted both parties to the emergency. Advised also that a large amount of water was flowing onto my vacant block and into my drain caused by the burst pipe from their water installation. Worked to coordinate activities with The Department of Transport and The West Gate Tunnel Team. Phone handler at The Department of Transport requested me to contact Melbourne Water about the situation. I advised her that i'm just the neighbour. She needs to report it as she is working for the government agency who is responsible for the road reserve.
Sunday 20th April 2025 1:07 pm and 1:22 pm	Received a phone call from 03 9674 2000 Translink Operations PTY Ltd	Department of Transport via Translink Operations PTY Ltd	Had a phone discussion about the issue. Was advised that someone from The West Gate Tunnel Team would be out to fix the problem as a matter of high priority.
Sunday 20th April 2025 7:45 pm	Spoke directly with emergency crew on site	West Gate Tunnel Project (CPBJH JV)	Advised emergency guy about the situation. Advised I was the person/neighbour who reported it. Noted that the crewman arrived 6 hours and 47 minutes after my call and email to the West Gate Tunnel Team. Noted it was Easter Sunday which was the likely cause of the delay in response.
Sunday 20th April 2025 5:36 pm	Emailed The West Gate Tunnel Team	West Gate Tunnel Project (CPBJH JV)	Advised The West Gate Tunnel Team about the water leak issue next door in the neighbouring apartments.
Sunday 20th April 2025 5:44 pm	Emailed received from The West Gate Tunnel Team	West Gate Tunnel Project (CPBJH JV)	Team advises that the water leak will be investigated.
Monday 21st April 2025 3:33 pm	Emailed The West Gate Tunnel Team	West Gate Tunnel Project (CPBJH JV)	Advised The West Gate Tunnel Project that I have taken steps to clean up some of the overgrowth on my property. Cleared access to the drain. Gave The West Gate Tunnel Project a deadline of Monday 5th May 2025 to clean up their land or else I will need to act and clean up parts of it myself in order to clean up my spoon drain to prevent overland flooding.
Tuesday 22nd April 2025 7:59 am	Emailed The West Gate Tunnel Team	West Gate Tunnel Project (CPBJH JV)	Sent a detailed email about the problems with their water installation, suggested soutions to upgrade the installation to make it safer and requested to speak directly with an engineer.
Wednesday 23rd April 2025	Email received	West Gate Tunnel Project (CPBJH JV)	The West Gate Tunnel Community and Stakeholder Relations Team advises the team was out on site on Sunday afternoon to check and repair the leak at the recharge well. Due to the Easter long weekend break, the team was unable to monitor the recharge well as closely as they usually do. This issue has been rectified. The team is waiting on the outcome of my request for information about who is responsible for the maintenance of the reserve adjacent to my mother’s property and will have a response for me soon.
Wednesday 23rd April 2025 1:00 pm	Site visit by a WGTP team member	West Gate Tunnel Project (CPBJH JV)	Spoke with Tony a member of WGTP Team and showed Tony the leak flowing into the neighbours drain which may or may not be caused by their works we're unsure. Tony explained that maps will need to be looked at and went back to look at the maps.
Thursday 24th April 2025 10:00 am	Contacted The Hobsons Bay Council	Hobsons Bay Council	Spoke with a woman from Hobsons Bay Council in regards to determining who exactly is responsible for the land. Sent a follow up email detailing the exact location of the land with an aerial photo and vicmap data along with my comments on the maps. Included photos of the land with visible lack of upkeep and my suggested required actions.
Thursday 24th April 2025 10:15 am	Contacted The Department of Transport	The Department of Transport	Spoke with a woman on the phone from The Department of Transport in regards to determinig if they are responsible for the land. This woman took the details of the land and explained that they are indeed responsible for it. She gave me an email 'landandproperty@transport.vic.gov.au' and advised me to send an email with details of the issues, the exact location of the land, the water leak etc which I did.
Thursday 24th April 2025 10:45 am	Contacted BGIS (an outsourced provider of services to The Department of Transport)	BGIS Job number 3129064	Spoke with a woman on the phone from BGIS in regards to determining if they are responsible for the land as the outsourced provider. This woman took my details and expained that a BGIS team member would contact me about it.
Thursday 24th April 2025 11:11 am	BGIS (an outsourced provider of services to The Department of Transport) contacted me	BGIS Nikki Cleary	Email from Nikki Cleary requesting photos of the issues and a map of where the land is located.
Thursday 24th April 2025 11:20 am	I email Nikki from BGIS (an outsourced provider of services to The Department of Transport)	BGIS Email sent to: Nikki Cleary	I explain that I have created a web page on my website with details of the lands exact location, photos, videos, logs and a live stream from my security camera where they can see the land and the conditions as well as what maintenance needs to be done. I email her the link to this page
Thursday 24th April 2025 11:42 am	Nikki Cleary from BGIS (an outsourced provider of services to The Department of Transport) contacts me	Email received from BGIS: Nikki Cleary	Nikki says: Thanks for getting back to me with that information. I’ve looked into it and this area is classed as arterial road reserve and as such, is not managed by BGIS. Please note, BGIS only manage freehold land on behalf of the Department of Transport and Planning (DTP – VicRoads) and not roads or road reserve area. I have forwarded your enquiry onto DTP and requested for someone to get in touch with you. I would also recommend reporting the issue direct to DTP via the following link or by calling 13 11 70 as you will be issued a request number that can be used to follow up. https://www.vicroads.vic.gov.au/traffic-and-road-use/report-a-road-issue. Apologies we could not be of further assistance.
Thursday 24th April 2025 11:55 am	I contact Vic Roads / Department of Transport via their online form located at https://www.vicroads.vic.gov.au/traffic-and-road-use/report-a-road-issue	I contact Vic Roads / Department of Transport	Hi Vic Roads and Department of Transport. Further to the email I sent to landandproperty@transport.vic.gov.au I am creating a message here with you. The section of road reserve adjacent to 7 Cullen Court and 12 LeFevre St Spotswood needs to be maintained. In order to put all the details in the one place and avoid me having to explain this over and over again to each government department and private company involved who wont give me the information I need I have created a public web page on my main website with details of the lands exact location, photos, videos, an accountability log and a live stream from my security camera where you can see the land and the conditions as well as what maintenance needs to be done. The link is: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html. I would like to be contacted please by the specific person from the department responsible for the upkeep of the land. Someone with the authority to send in a clean up crew who I will liaise with about the work required. Let's get this issue resolved as soon as we can. Kind Regards, Clarke
Thursday 24th April 2025 12:00 noon	Vic Roads / Department of Transport automated response	Reply from Vic Roads / Department of Transport	Thank you for contacting VicRoads. Your enquiry has been received and your reference is ETS503461301. Please record your reference number and refer to it in any future discussions related to your enquiry. You will receive a confirmation email within the next 24 hours to the email address supplied. Following this, the VicRoads staff member best suited to respond to your enquiry, will contact you directly or request further details about your enquiry, using the contact details you have provided. Should you need to contact VicRoads urgently prior to receiving our reply, please call us on 13 11 71 and provide your reference number. VicRoads service delivery standards ensure that you will receive a response to your email within 7 business days. This allows VicRoads time to process and research enquiries to provide an accurate and timely reply.
Saturday 26th April 2025 10:05 am	Emailed The Hobsons Bay Council and The Department of Transport	The Hobsons Bay Council and The Department of Transport	Sent an email to The Hobsons Bay Council requesting them to issue the Department of Transport / Vic Roads with a formal enforcement action / order to please address their overgrown vegetation as a matter of high priority and for the Department of Transport / Vic Roads to implement a regular program of maintenance on the road reserve as it’s both a nuisance and a safety concern and it affects the structural integrity of the boundary fence I share with the Department of Transport / Vic Roads. Requested the name, email address and phone number of the authorized contact at The Department of Transport who is tasked with the responsibility of maintaining the West Gate Freeway Road Reserve adjacent to 7 Cullen Court and 12 Le Fevre St Spotswood so I can maintain regular contact with this person on the upkeep of the road reserve. This is appropriate as I am the neighbour and neighbours need to be in contact with each other on matters like this. Reminded The Department of Transport of their obligations under TheRoad Management Act 2004, Catchment and Land Protection Act 1994, Public Health and Wellbeing Act 2008, Country Fire Authority Act 1958, Environmental Protection Act 2017 and Local Government Acts and Local Laws (by delegation). Relevant quotes from the act include: The DoT must properly maintain roadside reserves to ensure they are safe, serviceable, and not a hazard and take reasonable steps to prevent risk to property and persons using land adjacent to the road. A road authority must inspect, maintain and repair a road and its roadside to the standard required for the safe and efficient operation of the road. The DoT must control noxious weeds on any land it manages, owns, or controls. Public authorities are legally obligated to control and prevent the spread of declared noxious weeds on their land. The land owner must take all reasonable steps to eradicate regionally prohibited weeds and prevent the growth and spread of regionally controlled weeds.
Monday 28th April 2025 9:00 am	Called the Department of Transport Legal Team requesting advice	The Victorian Government Solicitors Office	Advised them of the issue. The woman on the phone explained that The Victorian Government Solicitors Office represents and advises The Department of Transport on legal matters and they don't act for the public. Explained my concern that The Department of Transport is in breach of The Road Management Act 2004 (Vic) and other acts I just wanted to flag that with them so they have it on file perhaps they could give a heads up to the legal team that there is a serious issue that needs to be resolved by The Department of Transport in relation to The West Gate Freeway Road Reserve. Left my name, phone number and address. Explained that I was not seeking to take legal action but just to notify them of the issues given the seriousness of them and that action needs to be taken to clear up the land with high priority.
Monday 28th April 2025 2:45 pm	Site visit by Hobsons Bay Council appointed Arborist	Hobsons Bay Council Building Our Urban Forest	Met with Hobsons Bay Council appointed Arborist on site in council marked car Hobsons Bay Council / Building Our Urban Forest. Thanked him for Hobsons Bay Council's rapid response on this important safety matter. Carefully explained to the arborist that the vacant blocked is on a separate title. Both the main house block and the 110 sq metre block are owned by my mother. Arborist was surprised (as all people are) that the block is privately owned. Arborist took several photographs of the land and the overgrown weeds/ enroachment issues. Arborist explained that the plants on the land including the plants encroaching from The Department of Transport were weeds except for a Carob Tree located on the land behind the large basalt rock. Arborist explained that what I assumed was a tree at the front of the block was in fact Pittosporum Undulatum (Australian Cheesewood) and that it's classified as a weed and is not generally planted in the Hobsons Bay area. The Carob tree (which is not a weed) is also generally not planted in Hobsons Bay. Took the arborist through the side of the main property and explained the situation with The Department of Transport weeds overrunning their land and encroaching upon my mothers land. Explained the safety issue with the blocked spoon drain and recent flooding caused by the West Gate Tunnel Project / John Holland. Showed the arborist the blocked spoon drain at front. Explained to him that it was only sheer luck that the main drain which the blocked spoon drain flows into wasn't blocked and how the court could have been flooded if it was blocked. Arborist explained that he didn't think council has the power to act on this matter with the overgrown weeds encoraching from The Department of Transport land in The West Gate Tunnel Freeway Reserve adjacent to 7 Cullen Court and 12 Le Fevre St however he would discuss it with his team leader and get back to me on the matter. I thanked the arborist for his time and swift response. Arborists professionalism is a credit to himself and council very well done thank you very much for the swift response. Well done Hobson's Bay Council.
Monday 28th April 2025 3:45 pm	Site visit by John a professional gardener I asked for a quote to clean up my side of the land	JD’s Gardening Services Williamstown	Met with John from JD's Gardening Services Williamstown. Explained the situation and showed him the overgrowth from The Department of Transport trees and weeds encroaching upon my mothers land. Discussed his rates. I will hire John to work with me to clean up the land particularly the overgrown weeds that have encroached into my side of the fence. Approximately 1 to 2 days work to clear up the overgrowth with me working with him (front vacant block only).
Tuesday 29th April 2025 9:00 am	Emailed The Department of Transport and CC Hobsons Bay Council	The Department of Transport and Hobsons Bay Council	Raised urgent safety concerns regarding large overhanging branches from a Large River Red Gum (Eucalyptus camaldulensis) located on Department of Transport land adjacent to my mother's privately owned vacant block. Identified risks including potential personal injury, property damage, and insurance liability due to unpredictable branch drop. Requested immediate arborist inspection and risk mitigation actions, including pruning of overhanging branches and establishment of a regular maintenance program. Noted that Hobsons Bay Council had already responded promptly to a related request, inspected the site, confirmed the land ownership, and identified weed species encroaching from DoT land. Advised intention to clear weeds and plant native, climate-resilient trees aligned with Hobsons Bay’s Urban Forest Strategy 2020.
Tuesday 29th April 2025 10:08 am	Received an email from The Department of Transport	The Department of Transport	Good morning Clarke, Thank you for your email. Are you able to provide the full address of your mother’s block so we can investigate this further? Thank you, Michelle Transport Property Planning and Land Services Department of Transport and Planning
Tuesday 29th April 2025 10:17 am	Replied back to the email from The Department of Transport	Michelle at The Department of Transport	Advised Michelle that the address of the property is: 7 Cullen Court Spotswood Vic 3015. Attached copies of my mothers land titles and the location of the water easement. Advised that on VicPlan the vacant block is listed as 12 but this is a mistake and I have contacted VicMap about this. Attached aeriel photo of the location of the land. Attached an image from this page detailing exactly whats required in the road reserve.
Tuesday 29th April 2025 11:00 am	Email received from The Department of Transport	Michelle at The Department of Transport	Hi Clarke, Thank you for providing the address and details. I will investigate your request and will provide an update soon. Thank you, Michelle.
Tuesday 29th April 2025 11:05 am	Email sent to The Department of Transport	Michelle at The Department of Transport	Thank you Michelle very much appreciated. Feel free to call me as required. I’m happy to meet with your people on site as well I will make myself available as required. Best Regards, Clarke
Tuesday 29th April 2025 11:25 am	John Holland / West Gate Tunnel landscaper	John Holland / West Gate Tunnel landscaper	Noted a West Gate Tunnel landscaper working with a whippersnipper clearing up the compound adjacent to Cullen Court. Spoke with this person regarding a large weed present on the nature strip section of John Holland / West Gate Tunnel controlled land which is a serious trip hazzard to people who park vehicles turning off the West Gate Bridge. People who park and take breaks at that section of land which my cameras have observed hundreds of times over the past 10 years. Used WeedScan AI program on my iPhone and determined the weed is Cotoneaster which is considered an environmental weed in many parts of Australia, including Victoria. Noted that Cotoneaster is a weed which conflicts with Hobsons Bay Council's Urban Forest Strategy. Asked landscaper if he could please remove it. He advised he needs to speak with his supervision about it first.
Wednesday 30th April 2025 8:25 am	Chat with my neighbour Blake from up the road	Chat with my neighbour Blake from up the road	Blake my neighbour from a few doors down has expressed concerns regarding my works cutting back the overgrown weeds on my mothers vacant block at front. Blakes first concern was regarding the ownership of the block. I explained carefully during our previous chat that the block is privately owned by my mother. She has the house which is on approx 800 sq metres of land and the vacant block at front which is approx 110 sq metres of land. Blake is concerned about the amount of greenery that I have cut back and the effect that might have on noise from The West Gate Freeway and the visual impact from The West Gate Freeway Road Reserve. I thanked Blake for his concern and I advised him that I share his concern about this and I want to plant new trees and beautify the block and perhaps given his interest in greenery he may like to suggest to me what trees he would like seen on the block and that I would listen to him and implement his suggestions given how much he cares if they align with The Hobsons Bay Councils policies on what trees they would like to see under their Urbane Forest Strategy. We need more citizens like Blake who care for the surroundings. I explained that a Hobsons Bay Council arborist visited a few days ago and provided advice on the particular species of weeds present on the block. The identified species of weeds are Madeira Vine, Cotoneaster, Sweet Pittosporum/Australian Cheesewood among other weeds including Rhus Tree, Mirror Bush and Evergreen Buckthorn. Explained to Blake that the only tree on the block is the tree at right which is a Carob Tree and even I was surprised about this after the visit from the council appointed arborist. The Carob Tree is not a weed. Gave Blake my email address (clarketowson@intjbilling.com) and my phone number (0432 359 166) and asked him to please keep in contact with me regarding any concerns he may have and that i'm determined to make the block look beautiful for my own benefit and the benefit of my neighbours. Blake also expressed concern that I may need a council permit in order to undertake this weed control work. I explained to Blake that I had checked on The Hobsons Bay Council website and my understanding is I don't need a permit for this work. I further explained that The Department of Transport will hopefully plant appropriate species of trees like The West Gate Tunnel Project / John Holland have to the right of the boundary of the block. The West Gate Tunnel Project / John Holland should be commended for this work it is excellent. Similar planting if performed by The Department of Transport will provide both visual beautification and perhaps some additional noise blocking like the excellent new noise control wall that The West Gate Tunnel Project put in place some time ago. Explained the situation with the very large overhanging tree from the Department of Transport owned land. Advised that I have an open case with them in regards to this safety risk. Blake is an excellent neighbour and a credit to the street. I hope to obtain more of his advice and get the block looking really beautiful moving forward once all the weeds are gone.
Wednesday 30th April 2025 10:15 am	Emailed Hobsons Bay Council	Emailed Hobsons Bay Council	Provided Council with an update on the invasive weed species identified on my mother’s 110 sqm vacant block, including: Madeira Vine, Cotoneaster, Sweet Pittosporum (Australian Cheesewood), Rhus Tree, Mirror Bush, and Evergreen Buckthorn. Used the WeedScan AI tool to validate identifications. All species were confidently confirmed except Rhus Tree, which was flagged with slightly less certainty. Consulted ChatGPT for a vegetation quality rating: 2.5/10. It noted that all species present were either environmental or noxious weeds with no ecological or landscaping value, apart from the Carob Tree, which may be retained as a feature. Removed knee-height barbed wire hidden in overgrowth — believed to have been installed by the previous owner in the 1960s. Its removal eliminates a serious safety hazard for potential trespassers or unaware citizens. Raised awareness of antisocial behaviour (urination and concealment) made possible by the overgrowth. Removing the weeds and barbed wire is expected to significantly reduce such activity. Expressed interest in receiving tree planting suggestions from Council once the Department of Transport clears its overgrown boundary and my own weed removal is complete. Thanked Council for promptly sending an arborist, who provided species identification and was professional and helpful.
Wednesday 30th April 2025 3:11 pm	Email received from Hobsons Bay Council	Email received from Hobsons Bay Council	Dear Clarke, Thank you for contacting Hobsons Bay City Council. We have attached your email to the existing case (C-97256) for follow up. We will also leave a link below to further information about choosing the right tree for your property. Choosing the Right Tree for Your Property - Hobsons Bay. If you have any further enquiries, please feel free to contact us. Kind regards, Bianca
Wednesday 30th April 2025 10:30 am	Clearing of easement and utility access zone	Not yet contacted – log for record	Successfully cleared vegetation and debris surrounding the Melbourne Water inspection pit located on my mother’s 110 m² vacant block. Removed overgrown weeds, ground-level obstructions, and nearby branch encroachment to ensure safe and immediate access to the infrastructure. Formerly obscured by thick vegetation and difficult to locate, the pit is now clearly visible, unobstructed, and compliant with standard utility access expectations. This work will assist Melbourne Water in accessing the pit without delay in the event of emergency maintenance, inspections, or routine servicing. The work also eliminates manual clearance costs or safety risks for future utility workers attending the site. Further evidence of responsible land management and alignment with council and infrastructure stakeholder expectations.
Wednesday 30th April 2025 7:45 pm	Psychological and Community Impact of Block Clearing	log for record	The recent clearing and opening of my mother’s 110 square metre vacant block at the end of Cullen Court has had an immediate and visible psychological effect on the space and its surroundings even given the entire job is still yet to be completed. What was previously an overgrown, concealed, and unmanaged parcel of land now presents as an emerging well-maintained, clearly private space that signals ownership, safety, and civic responsibility. This transformation once complete shifts the perception of the block from neglected to respected. Drivers entering Cullen Court from the West Gate Freeway now encounter an open and soon to be more orderly vista rather than a concealed and chaotic edge space. This enhances neighbourhood pride, discourages antisocial behaviour, and increases passive surveillance at the end of the street.
Monday 5th May 2025 9:20 am	John Holland / West Gate Tunnel landscaper	John Holland / West Gate Tunnel landscaper	Dear Melissa / West Gate Tunnel Project / Neighbour, I’m currently in the process of cleaning up my mother’s vacant block at 7 Cullen Court Spotswood. Most of the block has already been cleared of weeds except for the boundary fence which I’m doing over the next few days. In the area where you have planted the really nice new Australian native plants there are a lot of weeds overhanging the boundary fence which have encroached significantly into my mother’s land through the chain link fence and are causing structural problems with the fence. Can I please request you send down someone to remove the growth from just that section of fence. It won’t take too long. I’m happy to give your people a hand with it as I have gardeners coming to help me clear my side of the fence. Otherwise, If you give me permission to enter that section I can work with my gardener to clear it ourselves. That particular section I don’t have any rights to enter and clear as it does not contain our 1.8 metre length easement unlike the house block. I had a private contractor with a stump grinder remove a significant weed and safety issue / trip hazard from that section near the curb as your contractor needed permission from his team leader and was unable to do it. In regards to the back section of the vacant block I have an open case with The Department of Transport for weed clearing there. I have also asked the department to remove a significant safety issue with the large tree which has several large branches overhanging the block. The Australian natives you planted in that section are great by the way. Well done
Monday 5th May 2025 9:45 am	Email Received from The Department of Transport	Email Received from The Department of Transport	Good morning Clarke, After some investigation I can confirm that this area of land is not managed by the Land and Property Team, however we have forwarded on your contact details and emails to another area within the department and have requested that they investigate and respond to you. Thank you Michelle
Monday 5th May 2025 10:15 am	Email sent to Department of Transport and Hobsons Bay Council	Email sent to Department of Transport and Hobsons Bay Council	Thank you Michelle very much appreciated. If I may request additional details about that team that would be fantastic. As my neighbour it’s very important that I maintain great relations with The Department of Transport and that specific team responsible for the road reserve. So I as your dear neighbour would like please the name of the head of the team or team leader and that persons contact details so I will be able to speak with them directly about this and the required regular maintenance of the road reserve. This will save significant time and phone calls/emails in the future and help to ensure future safety issues are rectified quickly. I’m happy to wait until such time as the team have investigated the issue but I will need those details when the work starts and progresses. I would also like to please pass the teams details onto The Hobsons Bay Council and to Melbourne Water so they also have them on file for future requests about the road reserve given its importance and the critical nature of the spoon drain on my mother’s main house block. If you can’t pass those details onto me today and I can’t pass those details on directly I request for you to please take responsibility for contacting both The Hobsons Bay Council and Melbourne Water today and please pass those details directly onto them and then please let me know once you have done this so I can update my accountability log. This will save significant time in both departments and allow both The Hobsons Bay Council and Melbourne Water to continue to provide high levels of service to myself and my fellow Hobson’s Bay citizens. I want to make sure we have great relations with The Hobsons Bay Council and with Melbourne Water. To this end I have taken steps to remove large weeds and give Melbourne Water easy access to the front easement drain on my mother’s vacant block. From my perspective I have cleaned up a great deal of my mothers vacant block and it’s almost ready for new Australian native flowers and plants. I have gardeners coming this week to advise and to help me with this. I’m committed to beautifying the block for my benefit and the benefit of my neighbours and visitors to the area. Thank you so much for your help with this it’s very much appreciated 😊 Kind Regards, Clarke
Monday 5th May 2025 2:39 pm	Email received from Hobsons Bay Council	Email received from Hobsons Bay Council	Good Afternoon Clarke, Local Laws Officers have received your enquiry regarding overgrown vegetation at the above address. Officers have inspected the site to confirm that this land belongs to Vic roads in which council does not have jurisdiction in this matter. Can you please forward all requests to Vic roads and the department of transport to rectify the outlined issues. Regards, William Murray Local Laws Officer, Parking and Animal Management Officer Corporate Integrity
Monday 5th May 2025 3:52 pm	Email sent to Hobsons Bay Council	Email sent to Hobsons Bay Council	Good Afternoon William, Thank you for the swift response on this from yourself and all council officers involved and thank you for inspecting the site to confirm this is very much appreciated. I will as directed forward all requests to Vic Roads / The Department of Transport. I’m hoping they will act soon and clean up the road reserve and resolve the safety issues present. I have made some further progress with them today and I understand that my request has been forwarded to a specific team in the DoT who is responsible for the land which is great. For CRM:0427463 please update that record to reflect that my address is 7 Cullen Court Spotswood. 7 Cullen Street is at the opposite end. 😊 Kind Regards, Clarke
Tuesday 6th May 2025 11:48 am	Email sent to The Department of Transport	Email sent to The Department of Transport	Dear Neighbour Department of Transport, I made a short video for you this morning which highlights the issues with your large eucalyptus tree which is encroaching upon my mother’s vacant block at 7 Cullen Court Spotswood from The West Gate Road Reserve. Please send the link to those you need to internally. The video is set to unlisted so it will not show up publicly on my channel. Hobsons Bay Council officer Mr William Murray Local Laws Officer, Parking and Animal Management and Corporate Integrity sent council officers out to inspect the site and council have confirmed that as the land behind my mother’s vacant block belongs to you Vic Roads / The Department of Transport the council does not have jurisdiction on this matter and all requests I need to send directly to you as my neighbour. As my mother’s block has now been mostly cleared there are now no large weeds obstructing general public access to the land. Should you wish for me to place a temporary barrier and signage to restrict access to my mother’s block until such time as you have removed your encroaching branches from your side please let me know and I will do this with high priority in the interest of public safety. I look forward to working with you to resolve the issue as a high priority given the safety risks present. Kind Regards, Clarke
Wednesday 7th May 2025 12:25 pm	Email sent to The Department of Transport	Email sent to The Department of Transport	Dear Neighbour Department of Transport, I have now cleared my side of our boundary fence. Photos attached for your interest. Please let me know when you’re able to send out your crew to clear your side. I would be happy to assist them if required 😊 Kind Regards, Clarke
Wednesday 7th May 2025 5:20 pm	Email received from The West Gate Tunnel Project	Email received from The West Gate Tunnel Project	Received email from The West Gate Tunnel Project detailing whos is responsible for what specific land surrounding my mothers house and vacant block.
Wednesday 7th May 2025 5:53 pm	Email sent to The West Gate Tunnel Project	Email sent to The West Gate Tunnel Project	Thanked The West Gate Tunnel Project for the provided information which helped me to clarify exactly who is responsible for what specific land surrounding my mothers property.
Sunday 11th May 2025 11:30 am	Email sent to The Department of Transport	Email sent to The Department of Transport	Dear Neighbour Department of Transport, Just following up to see how my request is coming along internally. Has the specific team responsible for the land viewed the video I made for them? The photos I sent of the issues on the land have been viewed? I’m keen to get this moving along with priority. Do you have a projected time frame for completion of the work? The team leaders contact details for me to chat with about the issues? I’m happy to assist where required 😊 Kind Regards, Clarke
Sunday 18th May 2025 7:15 am	Complaint submitted to The Victorian Ombudsman	Complaint submitted to The Victorian Ombudsman	Submitted complaint to The Victorian Ombudsman. Case C/25/9566.
Monday 19th May 2025 11:55 am	Sent a direct message to Jeroen Weimar Secretary, Department of Transport and Planning	Sent a direct message to Jeroen Weimar Secretary, Department of Transport and Planning	Sent a direct message to Jeroen Weimar asking if he could please look into this matter personally and sent him a link to this web page
Monday 12th May - Friday 16th 2025	Installed removable stainless steel bollards at the front of my mothers vacant block	Installed removable stainless steel bollards at the front of my mothers vacant block	Removable high quality stainless steel bollards have been installed at the front of my mothers vacant block. The bollards have been installed as a security mechanism to prevent vehicles from encroaching upon the land and for our own vehicles we may park on the land to work on them in our new garden to be safe from theft. The bollards are also a security mechanism to prevent people from walking onto the land and to present an image that the land is valued, privately owned and managed.
Monday 19th May 2025	Installed removable stainless steel chain between the bollards and the chain link fence	Installed removable stainless steel chain between the bollards and the chain link fence	The removable stainless steel chain has been installed between the bollards as an additional security mechanism to prevent people from walking onto the land and to present an image that the land is valued, privately owned and managed.
Monday 19th May 2025 6:00 pm	Added temporary signage to the chain link alerting our neighbours and the general public to the safety risks present	Added temporary signage to the chain link alerting our neighbours and the general public to the safety risks present	Signage reads: Private Property — Beautification in Progress. This land is part of 7 Cullen Court and is privately owned and managed. Our neighbour The Department of Transport has been requested to cut back several large overhanging branches and remove the encroaching weeds from their land in addition to other works which the department needs to complete in order to make The West Gate Freeway Road Reserve safer and more beautiful for ourselves, our neighbours in Cullen Court and our neighbour at 12 LeFevre St. At present time the large overhanging branches are a safety risk to the public. Please stay off the land. Once the Department of Transport has resolved the safety issues present, new Australian native flowers will be planted and the block beautified. For live, ongoing updates about the issues please visit: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html
Tuesday 20th May 2025 9:30 am	Met with a Melbourne Water Representative on site	Met with a Melbourne Water Representative on site	A Melbourne Water Rep visited for a water leak on my neighbours property. Whilst here we had a chat about my mothers vacant block. I explained how my work in opening up the block has made their work easier in accessing the sewer and water pits on the land. I expained that before my works the large overgrown weeds prevented their access but now access is much easier they can even get their trucks onto the land to access the pits. I explained that if they like I will even give them keys to the bollards should they need to remove them quickly to gain access. I further explained about the safety issues present on the site with the large overgrown branches which the Department of Transport needs to address before any of their water workers access the site. I explained that in it's current state having water workers access the pits is a safety concern due to the large overgrown branches. Explained the situation that if Melbourne Water correctly sees the risks of the overgrown branches as a safety concern and contacts The Department of Transport about the issue they need to send them an email to a specific email address and it is very difficult to find out who is responsible for cutting back the branches. That this will significantly delay any works they need to do on the water pits.
Sunday 25th May 2025 1:13 am	Emailed The Department of Transport	Emailed The Department of Transport	Dear Neighbour, I still haven’t heard from you regarding my request. Just wondering how it’s progressing internally? I have placed a temporary safety barrier across the front of my mothers property with some signage alerting the public to the safety risks and to please stay off the land. Even if you just employed me as a volunteer, gave me a key and permission to enter your side of the land I’m happy to do that and place a skip there. I could employ a private gardener at my expense to work with me to cut back your weeds. I’m very keen to get this moving along. I’m happy to assist where required. If there is anything I can do please do let me know. Kind Regards, Clarke
Monday 2nd June 2025 9:30 am	Called The Department of Transport Traffic Management Division 13 11 70	Called The Department of Transport Traffic Management Division 13 11 70	Called The Department of Transport Traffic Management Division 13 11 70 and requested a direct phone call from whoever the manager is who is responsible for the West Gate Freeway Road Reserve. Went over the issues with the overhanging tree branches. Advised that if I see no action from the department I will need to cut back the overhanging branches myself within 14 business days time which I have the right to do under the right of abatement law in Victoria. Advised that I have as yet seen no action from the department on this important matter and I am worried that under Hobsons Bay Council local law 2015 that my mothers land is dangerous due to the overhanging branches that have encroached from The Department of Transports land. Advised that I have installed signage and removable traffic management devices to ensure the general public stays off my mothers land. Requested someone from the department visit with me personally on site if required to go over the issues and that I would take them through the list of issues which the department needs to resolve to make the land safe. Reiterated my advice that the situation is dangerous due to the overhanging tree branches and also spoke about the increased risk of overland flooding due to me not being able to clear out the spoon drain on my mothers property due to the department of transport not having cleaned up their land. Advised that whilst I do have a key and I could enter the land myself I want to do the right thing and wait until such time as the department acts. Advised that if I see no action in 14 business days I will need to hire a crew myself with a large boom and a qualified tree lopper with a chainsaw in order to reach the approximate 12 metre height of the tree and remove the encroaching branches given the situation is dangerous.
Monday 2nd June 2025 10:30 am	Called The Victorian Ombudsman	Called The Victorian Ombudsman	Called The Victorian Ombudsman to follow up on the case. Officer assigned to the case was in a meeting and will call me back.
Wednesday 4th June 2025 11:36 am	Phone call and SMS from The Department of Transport	Phone call and SMS from The Department of Transport	Dear Clarke, we called you to advise your report regarding hanging trees has assigned to a contractor under our maintenance prioritisation system. Thank you for raising the concern. Questions? Visit transport.vic.gov.au/Contact-us/General-roads-enquiries or call 13 37 78. - Customer Resolutions Team, Transport Victoria.
Thursday 5th June 2025 10:30 am	Phone call from Amanda at The Victorian Ombudsman	Phone call from Amanda at The Victorian Ombudsman	Received a phone call from Amanda at The Victorian Ombudsman. Amanda explained that her role is to help facilitate communicaton between the Department of Transport and myself. Amanda explained that she will contact The Department of Transport and request communication between them and myself. I said thats fantastic that's the most important part of all this. Amanda further explained that if the Department of Transport has not called me by the 23rd of June 2025 that I should please call her back at the Victorian Ombudsmans public phone number and let her know. I requested that in her communications request to the Department of Transport that it would be great if a manager who is specifically in charge of the West Gate Freeway Road Reserve and has responsibility and accountability for the road reserve please be the person to call me. It should be the public servant who is in charge of the maintenance crew who is sent out to cut back trees, remove weeds and maintain the road reserve (or that persons manager). I need that persons contact details including name, position, phone number and email address because I am the Department of Transports dear neighbour and communications between us are vitally important for ongoing maintenance issues (or anything else that might crop up from either party given our roles as dear neighbours). From the perspective of ourselves at 7 Cullen Court (myself Clarke Towson, my mother Faye Towson and my brothers Cameron and Mark Towson, my neighbour Anthony at 12 LeFevre St and our other neighbours in both Cullen Court and LeFevre St there is interest in this case due to the beautification works I am doing on my mothers vacant block at front (the block which The Department of Transports large overhanging branches are significantly encroaching over) and interest in The West Gate Freeway Road Reserve given it borders Cullen Court and LeFevre St Spotswood. I explained to Amanda that something is not right with The Department of Transport given that at the very beginning of all this it should have been a simple phone call from the department to myself that went something like "Hello Mr Towson, this is John C Public Servant, I'm the manager who is in charge of The West Gate Freeway Road Reserve. My phone number is (phone number), my email address is (email address), my position name is (position). We don't usually give out these details but as you are our dear neighbour we do so in these situations. I'm sending out a crew to cut back our overhanging encroaching branches. The crew will be sent out on (date) and (time). Please let me know how it goes and if you are satisfied with the works." Of note - The Hobsons Bay Council did give out those details of the specific officer in charge of compliance when determining if my beautification works on my mothers vacant block were in adherance to councils policies and by laws which was fantastic. I also explained to Amanda that The Hobsons Bay Council themselves do not have specific contact details within The Department of Transport about who exactly within The Department of Transport is directly responsible for the West Gate Freeway Road Reserve and that this information is vitally important for council to know both internally and for when residents call up about the reserve. Amanda also advised that the phone call was being recorded and asked for my consent. I confirmed that I was absolutely OK with the call being recorded — I welcome it. A recorded record of this issue is vital for transparency, accountability, and ensuring an accurate understanding of what was discussed. Recorded calls mean there is no room for misinterpretation, spin, or deletion.
Thursday 6th June 2025 11:00 am	Called The Department of Transport on 131 170	Called The Department of Transport on 131 170	Called The Department of Transport to enquire about reference number: 503 481 078 (my logged job in regards to cutting back the overhanging branches). Requested as part of the job that the manager who is responsible for the crew who is sent out to do the work if that person can please contact The Hobsons Bay Council and pass on details to them regarding who exactly within the Department of Transport is responsible for sending out the crews to maintain The West Gate Freeway Road Reserve. Once The Hobsons Bay Council has these details on file it will make it much easier for myself, my neighbours and anyone else with an interest in the maintenance of The West Gate Freeway Road Reserve to get through to the correct phone number and area within The Department of Transport. Also requested the name of the contractor who will do the works but that information was not able to be passed onto me but they will request it from the contractor. Asked also for an estimated time frame for when the works would begin but that too was not possible to give me.
Monday 9th June 2025 8:00 am	Submitted a Freedrom of Information Request to The Department of Transport	Submitted a Freedrom of Information Request to The Department of Transport	Subject: Freedom of Information Request – Tree & Vegetation Maintenance on SPI 2369\PP2478 (West Gate Freeway Road Reserve, Spotswood) To: FOI Officer Department of Transport and Planning Victoria ________________________________________ Dear FOI Officer, Pursuant to the Freedom of Information Act 1982 (Vic), I respectfully request access to the following documents and information held by the Department of Transport and Planning in relation to Crown land parcel SPI: 2369\PP2478, specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood. ________________________________________ 1. Responsible Officers and Contact Details Please provide documents that identify: • The name(s), position title(s), and contact details (email and telephone) of public servants within the Department responsible for: o Authorising o Coordinating o Managing or assigning tree maintenance and vegetation clearing activities on the above-mentioned land. ________________________________________ 2. Records of Vegetation and Tree Maintenance Activities I seek access to: • Work orders • Internal correspondence • Maintenance requests • Project directives or instructions ...issued within the past 8 years in relation to tree or vegetation management activities on SPI 2369\PP2478. ________________________________________ 3. Contracts and Delegation Instruments Please include: • Any contracts, agreements, or delegation instruments identifying: o The officer, branch, or division with maintenance responsibility for this land; o The name(s) of any external contractor(s) engaged for tree/vegetation management along the West Gate Freeway Road Reserve in Spotswood. ________________________________________ 4. Maintenance Policies and Schedules I request: • The current vegetation management policy and/or road reserve maintenance policy that governs Crown land parcels under the Department’s responsibility, specifically as it relates to SPI 2369\PP2478. • A clear statement outlining: o The scope of scheduled works in this area; o The extent of vegetation management planned or performed; o The ongoing maintenance schedule for the section of road reserve adjacent to 7 Cullen Court and 12 LeFevre Street Spotswood. ________________________________________ Given the close proximity of this Crown land to my mother's primary residence at 7 Cullen Court and her adjacent TRZ2-zoned vacant block, I believe it is both necessary and reasonable for us—as adjoining neighbours—to have direct contact with the officer or team responsible for maintaining this public land. We are concerned that only superficial or reactive work may be undertaken, leaving broader safety and maintenance issues unresolved. Transparent communication and accountability are essential in this context. ________________________________________ Property References For your reference, my mother’s adjacent land parcels are: • 7 Cullen Court Spotswood o Lot/Plan: 1\LP99994 o Lot/Plan: 1\TP644167 o Lot/Plan: 2\LP99994 ________________________________________ Please contact me via the details below if any clarification is required in processing this request. Kind Regards, Clarke Towson 7 Cullen Court, Spotswood VIC 3015 📞 0432 359 166 ✉️ clarketowson@intjbilling.com Your reference number for the request is FOI-00039714
Monday 9th June 2025 11:23 am	Emailed Vic Map	Emailed Vic Map	Sent an email to the Vic Map people advising them of the multiple problems with 7 Cullen Court Spotswood 3015 and 12 LeFevre Street Spotswood 3015 on Vic Map. Hi There, I’m writing to request clarification regarding the spatial and title boundaries associated with 7 Cullen Court Spotswood 3015 and 12 LeFevre Street Spotswood 3015 on Vic Map. Upon reviewing Vic Map and related property data, I’ve identified multiple inconsistencies and overlapping identifiers that misrepresent the legal boundary extents on record. Key Observations: 7 Cullen Court as seen on Vicmap is not numbered at all for the main property block and it shows it as covering a large rectangular parcel that stretches all the way to LeFevre Street. This is incorrect. That land is occupied by 12 LeFevre Street. On the ground and in practice, 7 Cullen Court does not physically extend to 12 LeFevre Street, and 12 LeFevre Street is a separate block with a distinct street address. I also noticed that both addresses are associated with the same parcel identifiers on https://www.landata.vic.gov.au/tpc_step_redirect.aspx Specifically: Lot Plan: LP 99994 Lot Plan: TP 644167G SPI: 1\LP99994 SPI: 1\TP644167 SPI: 2\LP99994 12 LeFevre Street is not labelled independently in Vicmap and appears to be absorbed under the cadastral footprint of 7 Cullen Court, despite being physically and functionally distinct. 7 Cullen Court on Vic map is also not labelled and should have the number 7 on it. When doing a Vicmap search for 12 Le Fevre St Spotswood it incorrectly highlights my mother’s main property and her vacant block. The other issue is my mother’s vacant block (labelled as 12 on Vicmap in the screenshot below) is not numbered 12. It’s a vacant block (VOL 9329 FOL 027 Document Identification TP644167G) on a separate title which is a part of 7 Cullen Court. Could you please advise if a boundary misregistration has occurred in the Vicmap spatial data and what steps can be taken from your end to correct or spatially redefined the issue in the system so Vicmap is correct. Correcting the issue is important. What needs to be corrected and updated in Vic Map: 1. Vic Map should show 7 Cullen Court and 12 Le Fevre St address numbers. 2. Searching for 7 Cullen Court Spotswood on Vic Map should highlight 7 Cullen Court and the 7 Cullen Court vacant block. 3. The number 12 should not be labelled on the 7 Cullen Court vacant block. This should be labelled as 7 (or – given the block is a separate title does it have a distinct number different from 7 and if so what is that number? If it does have a distinct number we would like to please request that number so we can add a number sign to the vacant block as per Hobsons Bay Council Community Local Law 2015 requirements to correctly number and display that number on the property. We want to be 100% sure of the number to display so we can adhere to council policy). 4. Searching for 12 Le Fevre St Spotswood on Vic Map should highlight only 12 Le Fevre St Spotswood. 5. The number 12 should be labelled on 12 Le Fevre St Spotswood. I’m acting for my mother Faye Towson who owns 7 Cullen Court Spotswood and we would be grateful for any guidance your team can provide on how best to proceed in correcting the parcel boundary representations in this area. Please don’t hesitate to contact me if you require additional documents or property identifiers. I have attached both my mother’s titles as PDF’s to this email. Thank you for your assistance. Kind Regards, Clarke Towson
Tuesday 10th June 2025 9:30 am	Called and emailed The Hobsons Bay Council	Called and emailed The Hobsons Bay Council	Worded a seniour strategic planner up at The Hobsons Bay Council on the issues of the vacant block having a zoning anomaly. Provided the map, the land titles, my mothers ownership details on the rates.
Tuesday 10th June 2025 12:12 pm	Looped in the VicMap people and council	Looped in the VicMap people and council	The Vic Map people and council are aware of issues with Vic Map and Council mapping. Received an email from VicMap: Hi Clarke, Thanks for bringing this issue to our attention. I can arrange to get the necessary updates done to correct the issue in Vicmap. However Hobsons Bay council also needs to update their data as they have both 12 Le Fevre St and 7 Cullen Court linked to the same parcel in their rates data (1\LP99994). As you have pointed out below, 12 Le Fevre st should be linked to 2\LP99994. Joseph, can you please ensure your rates is updated to reflect this? Thanks, Katie.
Tuesday 10th June 2025 12:46 pm	Emailed my neighbour The Department of Transport	Emailed my neighbour The Department of Transport	Dear Neighbour / Department of Transport, This morning I submitted an official FOI request to your department FOI-00039737 in regards to clarifying the TRZ2 zoning on my mother’s vacant block (VOL 9329 FOL 027 Document Identification TP644167G). I have also attached the FOI request to this email so Hobsons Bay Council is aware of it as well. Strategic Planner Annie Fraser from The Hobsons Bay Council is assisting me on the matter from council side who I raised the issue with so they’re aware of the anomaly of the TRZ2 zoning of my mother’s privately owned vacant block. I realized that a few key pieces of information were missing from my FOI request which your FOI person will likely ask me for so I thought I would send those through to you here. Please see this email chain from the VicMap people and Hobsons Bay Council which has those missing details. It confirms my mother’s ownership of the vacant block via her rates notice from Hobsons Bay Council. I have also attached the rates notice. This is important proof to prove my mother is indeed the private owner of the TRZ2 zoned vacant block. Due to a technical issue with the land data online system and councils online system (which is currently being looked at by them as you can see below) this is the best method of proving the ownership of the block at present time. Please pass on this email internally to your FOI person and those with a need to know. Best Regards as Always, Clarke
Tuesday 10th June 2025 1:39 pm	Received an email from Hobsons Bay Council	Received an email from Hobsons Bay Council	Hi Clarke, Thank you for sending through all the information. I will send through an enquiry to our State Government rep this afternoon. It usually takes about a week or so for us to hear back from them as they manage all of north-west Melbourne. I will put a reminder in my calendar to check in at the end of next week. The State Government should be able to inform us of the formal process for the rezoning. If it is Council’s responsibility for the rezoning, I warn that it could take a couple of years for an anomalies amendment to be completed but we will ensure your mother’s property is included on the next list of anomalies. Kind regards, Annie Fraser Strategic Planner Strategy, Economy and Sustainability T: 9932 1085
Saturday 14th June 2025 7:45 am	Emailed The Department of Transport	Emailed The Department of Transport	Dear Neighbour / Department of Transport, I’m just following up with you to see how my logged job regarding you cutting back your over grown and encroaching tree branches and weeds on my mother’s TRZ2 zoned land at 7 Cullen Court Spotswood is progressing in your system? Do have you an estimated date for me when the works will begin? I received a text message from you 10 days ago but I am yet to see any works begin by your contractor. At present time we’re unable to effectively utilize my mother’s TRZ2 zoned block until your encroaching tree branches are cut back and weeds removed from the fence line. This safety issue is obstructing me from completing work on my mother’s new flower garden which has an amazing selection of over 48 beautiful Australian native flowers ready to go with another 48 beautiful Australian native flowers about to be ordered. It’s also inhibiting my lawful use of the land as a transport corridor which is my right under the law given the lands TRZ2 zoning. My independent research has revealed that my mother owns the only unencumbered, privately owned and privately maintained TRZ2 zoned block of land in the entire Hobsons Bay municipality. Given its strategically important location adjacent to one of the states most critical transport corridors (The West Gate Freeway) we consider The Department of Transport as both a valued neighbour and a legal peer under the TRZ2 zoning laws and we would like to maintain our privately owned transport corridor to the highest standards we possibly can under both The Planning and Environment Act 1987 (Vic) and The Road Management Act 2004 (Vic) and we trust you feel the same. Any update you could give me would be very much appreciated as always 😊 Kind Regards, Your Dear Neighbour Clarke
Saturday 14th June 2025 7:21 pm	Emailed John Holland	Emailed John Holland	Hi Melissa, I hope all is well with you 😊 Thanks again for the detailed map you sent me recently it was extremely helpful in some of my research work when looking closely at the boundaries and responsibilities of each stakeholder. I’m writing to follow up regarding the temporary fencing and large orange bollards currently located adjacent to 7 Cullen Court Spotswood vacant block (at the rear of 641 Melbourne Road). I’m wondering whether these installations are still required for ongoing works or whether arrangements can now be made for their removal? As you know my mother owns the privately held small vacant block at the front side of 7 Cullen Court which is on a separate title to her main house block (numbered 12 on Vic Map). I have recently undertaken beautification works on the site including removing weeds from the fence and planting a diverse selection of over 48 Australian native flowers in garden carts as part of an ongoing landscaping and corridor improvement project. In reviewing the legal framework for TRZ2 land I have come to fully understand that my mother’s vacant block is zoned with the same legal transport corridor classification as that held by the Department of Transport in both the road reserve and at 641 Melbourne Road. As such, we are considered a peer stakeholder under Clause 36.02 of the Victorian Planning Provisions and it gives us rights we didn’t know we had as a fellow transport corridor owner. Given this status as a transport corridor owner, we’re hoping to now move toward restoring clear, full unobstructed access to the block especially from the road and completing further enhancements to support the vacant blocks function within the transport corridor both visually and practically. Whilst your temporary fencing and bollards are not in our way at all they are an item of interest for me as I’m currently working with The Department of Transport on a number of matters tied to maintenance and vegetation management in their reserve and surrounds. I’ve attached a recent photo below for reference. Would you be able to let me know whether your temporary fencing and bollards are still required, and if not, whether they could be scheduled for safe removal soon? We’re looking forward to seeing the tunnel open it’s a great project for Melbourne! Best Regards, Clarke
Thursday 20th June 2025 7:28 am	Emailed Melbourne Water	Emailed Melbourne Water	Dear Melbourne Water Asset Services, I am writing to request an investigation into Melbourne Water drainage assets located on my mother’s privately owned property at 7 Cullen Court, Spotswood (VOL 9329 FOL 027). This property abuts Crown land (SPI 2369\PP2478), which is under the control of the Department of Transport and Planning. The main house block (VOL 9316 FOL 152) also contains a Melbourne Water asset (Instrument B431864) which is a spoon drain which is blocked due to years of neglect by The Department of Transport. As a responsible land owner I would like to clean out this spoon drain in order to prevent overland flooding but at present time due to The Department of Transports neglect of their Crown land I am unable to do so. Background: • A visible Melbourne Water stormwater drain exists at the fence line between my mother’s vacant block at the front of 7 Cullen Court and the West Gate Freeway Road Reserve. • This drain is both partially and fully obstructed due to overgrown vegetation and soil build-up on the Department of Transport controlled Crown land. • My dear neighbour The Department of Transport has unfortunately failed to perform adequate maintenance for the past almost 10 years, allowing weed infestations and tree growth to encroach significantly over the boundary and affect our land and the flow of stormwater. • My mother’s vacant block is zoned TRZ2 – Transport Zone 2, placing it under the same planning designation as the adjacent freeway reserve land controlled by the Department of Transport. It’s classified as a transport corridor under the law. I act as her legal representative in managing and protecting the site. Request: I respectfully ask Melbourne Water to: 1. Verify the presence and condition of the Melbourne Water assets (drains, pipes, culverts) on the 7 Cullen Court vacant block and main house block and within the Department of Transport road reserve. I have attached title plans for you interest. 2. Determine the encroaching vegetation and lack of maintenance by the Department of Transport which has caused: o Drainage obstruction o Asset degradation o Water overflow and localised flooding (twice in 2 years). 3. Issue a maintenance directive and formal intervention notice to the Department of Transport under your relevant statutory powers once you confirm the obstruction. Supporting Documentation: I have documented the condition of the fence line, encroaching vegetation, and general state of the Crown land adjacent to our parcel with photos, videos, and live monitoring. I am also happy to provide maps, zoning overlays, and VicMap data on request. I maintain a web page about it which you can see here: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html I have attached a video of the April 2025 substantial water leak from The Department of Transport land which flowed over my mothers vacant block and into your Melbourne Water drain easement on the land. My understanding is that the water installation is controlled by their tenant John Holland Corporation. John Holland has two (2) such installations within the West Gate Freeway Road Reserve and both of them have had substantial leaks over the past 2 years. I calculated based on the water flow rate that over 1 million litres of water was wasted by the leaks with a substantial amount flooding over my mothers vacant block and into your drainage asset located on her land. It was only sheer luck that the asset was not fully blocked and was able to take such a substantial flow of water in such a short timeframe. After the last leak I took substantial actions to do what I could to clean your drainage asset including removing weed growth on my side of the land and restoring full and unobstructed access for your maintenance people to your water assets but I could not clean the other side as that side of the fence is under the control of The Department of Transport. I also purchased lifting tools so I could in an emergency remove the drain cover and remove any blockage given the danger such a blockage would cause (it would flood into my garage). I have the tools in my garage should the situation occur again. Please do not hesitate to contact me for a site visit or further clarification. I would also appreciate being advised of any outcomes, proposed actions, or referrals arising from this request. I have a logged job with The Department of Transport for them to please clean up their land to remove these risks but at present time no such land clean-up has commenced. I am hoping that said clean up will occur with priority given the risks. As a responsible land owner I feel it’s my duty to report the issues to you so you can determine your own best course of action on the matter. Thank you for your attention to this matter. Kind Regards, Clarke Towson
Thursday 19th June 2025 6:30 pm	Emailed John Holland & The Department of Transport	Emailed John Holland & The Department of Transport	Dear Neighbours, I noticed last night whilst doing maintenance work on my mother’s vacant block that you have unlocked gates being held together by a piece of rusty wire. This enables easy access to both The West Gate Freeway Road Reserve and to 641 Melbourne Road Spotswood. I would suggest locking the gates due to the security problems I have noted recently with people intruding into both The West Gate Freeway Road Reserve and 641 Melbourne Road at all hours of the day and night. Whilst I would love nothing better than to walk in there myself and clear the weeds from the boundary fence I share with The Department of Transport I thought I would restrain myself, do the right thing and alert you to this security issue. Best Regards as Always, Clarke
Friday 20th June 2025 11:29 am	Emailed received from The Department of Transport	Emailed received from The Department of Transport	Good morning Clarke, Land and Property do not manage the land in this area and are unable to assist you with your queries, however we note that you have been in contact with other areas within the department who should be able to assist. Thank you Michelle Transport Property I Planning and Land Services Department of Transport and Planning landandproperty@transport.vic.gov.au
Friday 20th June 2025 12:06 pm	Emailed sent to The Department of Transport	Emailed sent to The Department of Transport	Good morning Michelle, This is nice to know and I have now noted it. But unfortunately The Department of Transport wont give me the direct contact details of the people within The Department of Transport who actually do manage the property and calling your public phone number results in being told one and one option only: please email LandandProperty landandproperty@transport.vic.gov.au Please may I request that given The Department of Transport won’t give me the contact details I need that you personally please pass on my email below to those within The Department of Transport who actually are responsible for managing the property as I have no way to contact them other than to file freedom of information requests of which I have had to file 3 so far at my expense just in order to have the department communicate with me. The ombudsman is also across all this and the ombudsman has advised me to please call them back on the 23rd June if The Department of Transport continues to deny me the contact details of the people who manage the land. The whole situation is rather absurd and is reaching a point where I will have to reach out to Sonya Kilkenny the Minister for Planning so she can step in and resolve the situation. Kind Regards, Clarke
Friday 20th June 2025 12:39 pm	Emailed received from The Department of Transport	Emailed received from The Department of Transport	Good afternoon Clarke, We do not have contact details of the person/s managing this area, however noted that you had copied cpbjh@wgtp.com.au in your emails therefore we assume that they have made initial contact with you and would be able to assist you with any further queries. Thank you Michelle Transport Property I Planning and Land Services Department of Transport and Planning landandproperty@transport.vic.gov.au
Friday 20th June 2025 5:24 pm	Emailed The Hon. Sonya Kilkenny, Minister for Planning	Emailed The Hon. Sonya Kilkenny, Minister for Planning	Summary: After over three months of respectful engagement attempts with the Department of Transport — including three FOI requests, multiple emails, phone calls, and even alerting them to serious water leaks, security risks, and vegetation encroachments — I have been denied access to the contact details of any individual responsible for managing the Crown land adjoining my mother’s TRZ2-zoned property. The Department of Transport’s responses have been: Circular and evasive Disconnected from operational responsibility In direct conflict with my legal rights as a transport corridor landowner and immediate neighbour I am managing a site strategically zoned as TRZ2 and taking all reasonable steps to: Maintain lawful boundaries Prevent stormwater damage Beautify and activate the corridor in accordance with its zoning Alert authorities to legitimate safety and infrastructure issues The final trigger was receiving a reply from The Department of Transport confirming they don't even know who manages the land, effectively proving governance failure. Given the risk of flooding, legal liability, and lack of departmental accountability, I had no choice but to escalate the matter to the Planning Minister. My email to the Minister includes: A clear timeline of engagement attempts with The Department of Transport Incredible evidence of neglect Zoning and legal inconsistencies on my mothers TRZ2 zoned transport corridor A reasonable, multi point request for ministerial intervention to pull The Department of Transport into line This escalation was done in good faith, and with full transparency, as a final measure to protect the property, uphold planning integrity and resolve an issue that has been deliberately avoided by departmental actors.
Sunday 22nd June 2025 5:13 pm	Emailed John Holland cpbjh@wgtp.com.au	Emailed John Holland cpbjh@wgtp.com.au	Hi Melissa, I submitted a report to Vic Roads about the No U Turn sign which has been removed on Melbourne Road. They sent me the reply below asking for me to contact The West Gate Tunnel Project to report the issue. I wasn’t 100% sure if the sign was removed by your contractors to make it easier to get into your compound at 641 Melbourne Road or if someone simply vandalized it but you might like to note it and if it was your contractors who removed it to work with Vic Roads on replacing it as you finish up work on the tunnel project. It’s a rather important sign which locals pushed to have installed. The sign was put there as motorists were causing quite the nuisance doing U turns on Melbourne Road at the lights which were holding up traffic turning onto and up The Avenue. Kind Regards, Clarke From: VicRoads.Enquiry_Tracker@roads.vic.gov.au Sent: Thursday, 19 June 2025 1:46 PM To: clarketowson@intjbilling.com Subject: Re: VicRoads Enquiry Ref No. 503448877 Hello Clarke, Thank you for your enquiry regarding your suggestion for more traffic lights at the intersection of Melbourne road and The Avenue, as well as a no U Turn sign that you state has been removed by West Gate Tunnel Project (WGTP). Your reference number is 503448877. As you may appreciate, Transport Victoria receive many requests each year for improvements to the road network throughout Victoria. All requests are prioritised based on the extent to which such a treatment would improve safety and congestion at the intersection. We consider factors such as the need to cater for pedestrians, the historical safety record of the site, the impact that treating the intersection would have on the performance of the surrounding road network and the implementation costs. Improving safety and efficiency on our roads is of the utmost importance and suggestions that may help achieve these outcomes are particularly welcomed and carefully considered. Any improvement proposals for this location, will be considered under a future program based on the above criteria. In the meantime, Transport Victoria will continue to monitor Safety at this location. Regarding the No U Turn sign, please contact West Gate Tunnel Project via info@wgta.vic.gov.au to report this issue. We appreciate you bringing this matter to our attention, and we hope this assists with your enquiry. Please do not reply to this email, replies to this email are routed to an unmonitored mailbox. Should you have any further enquiries please do not hesitate to contact us again. If you have any questions, please go to https://transport.vic.gov.au/Contact-us or you may prefer to call us on 133 778. Kind Regards, Judd Customer Resolutions Officer Communications and Customer Experience Transport Victoria www.transport.vic.gov.au
Monday 23rd June 2025 8:04 am	Emailed received from John Holland	Emailed received from John Holland	Hi Clarke, Thanks for alerting us to the ‘No U-turn’ sign on Melbourne Road. I will need to check with our construction and traffic teams to check in about this sign. Ahead of taking this enquiry to the team, could I please ask for some more details around the exact location of this sign. The WGTP team are currently preparing to carry our final signage and defect work on Williamstown Road and Melbourne Road in the coming weeks. I will check with them about this sign and get back in touch with you. Kind regards, Melissa West Gate Tunnel Project Community and Stakeholder Relations Team
Monday 23rd June 2025 8:04 am	Emailed John Holland	Emailed John Holland	Sent Melissa the exact location of the sign photos Hi Melissa, Thanks for that much appreciated as always. The sign has been there since at least 2017 up to around 2023 and must have been removed some time between 2023 and 2024. Best Regards, Clarke
Monday 23rd June 2025 8:04 am	Email received from John Holland	Email received from John Holland	Hi Clarke, Thanks for passing this on to me. I will need to check with the team who looks after this area. I will raise with them that a piece of wire is not sufficient to secure the area. I am aware that this gate is used by a variety of teams but will need to check if there is a better way to secure the area and ensure all teams have access. Kind regards, Melissa West Gate Tunnel Project Community and Stakeholder Relations Team
Monday 23rd June 2025 8:27 am	Email sent to John Holland	Email sent to John Holland	Thanks Melissa much appreciated as always 😊 The Department of Transport won’t give me the contact details of who actually manages the road reserve. I have had to an FOI request to obtain the details which is still in progress. I have attached the FOI request to this email for your interest. You might like to pass it on to whoever your contact is at The Department of Transport. Due to The Department of Transport’s lack of maintenance and general incompetence in managing the road reserve I have had to go directly to the planning minister The Hon. Soyna Kilkenny who is now across the maintenance issues with the reserve. It amazes me that the department wont give me the contact details of their maintenance manager for the reserve. They don’t even know internally who is responsible for it and they have told me as such. I couldn’t make it up if I tried! To John Holland and your credit it’s been much easier dealing with you as the tenant of 641 Melbourne Rd than The Department of Transport who is the actual owner and manager of that land and the reserve. Kind Regards, Clarke
Monday 23rd June 2025 10:00 am	Called The Victorian Ombudsman back as requested	Called The Victorian Ombudsman back as requested	I was advised to call the Ombudsman back this morning if the Dept of Transport had still not communicated with me. I called back. Amanda was in a meeting. I took the opportunity to update her via email. I was advised by the phone handler to please call back in 7 days time about the matter. Dear Amanda, Thank you for your advice you passed on via your phone person this morning very much appreciated. I will as advised wait until next Monday to call you back in regards to the case. Passed on the below email to the ombudsman with the FOI requests I submitted to the Dept of Transport and some of the requests I emailed The Hon Sonya Klkenny The Planning Minister: I thought I would take the opportunity to provide you with a brief update on how things have progressed so far from my perspective. On the 4th June I received this text message from The Department of Transport: So far the Department of Transport has had 12 business days but as yet has not sent a clean-up crew out to resolve the problems with their Crown land road reserve nor to cut back their large over encroaching tree branches onto my mother’s land nor to address the security problems I flagged with them about the open access to the road reserve via their unlocked gates. I have continued to update my accountability log on my webpage about the issues which I have pasted below. In addition I have filed 3 FOI requests with The Department of Transport which I have attached to this email for your interest. I have also reached out directly to The Hon. Sonya Kilkenny The Planning Minister in regards to the issues I’m experiencing with The Department of Transport due to their inability to effectively govern their transport corridor nor communicate with me so the Planning Minister herself is now across this. Here is a summary of my request which I made directly to the planning minister The Hon. Sonya Kilkenny: --- Given the Department of Transports inability to effectively govern its own transport corridor land or communicate transparently with me as their neighbour, I respectfully request your office: 1. Intervene to determine which entity, division or group within the Department of Transport is responsible for this Crown land (SPI 2369\PP2478) specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood. 2. Direct the Department of Transport to commence immediate remediation of the boundary and drainage obstructions, clean up their land so I can clean out our spoon drain and prevent overland flooding onto my mother’s land and resolve the safety issues of their dangerously overgrown encroaching tree branches onto my mother’s vacant block which you can see in this video: https://www.youtube.com/watch?v=bH6hg7UirR4 3. Review the planning implications of my mother privately owning and controlling a TRZ2-zoned block (principal road network) in the first place. I have reason to suspect that the TRZ2 zoning may be Ultra Vires under law because I suspect that it violates Ministerial Directive The Form and Content of Planning Schemes specifically section 23 “A planning scheme may only include land in a Transport Zone if the land is Crown land, or is owned by, vested in or controlled by a Minister, government department, public authority or municipal council or with the written consent of the Head, Transport for Victoria.” I have reason to suspect based on my independent research that no such written consent exists and I have filed an FOI request with The Department of Transport to find out. 4. Direct The Department of Transport to remove the boundary obstructions which are causing us not to be able to utilize my mother’s vacant block under the law as it currently stands which is our right under TRZ2 zoning as a transport corridor owner due to The Department of Transports neglect with their own transport corridor (the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood). 5. Ensure that direct contact can be made by me with the correct people inside The Department of Transport who are responsible for managing SPI 2369\PP2478 specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood, bypassing the broken generic email and phone loops. As the neighbour it is reasonable and appropriate that I have my neighbours direct contact details for maintenance requests. That is the public servant(s) who are responsible and accountable for sending out the maintenance and clean-up crews.
Tuesday 24th June 2025 12:55 pm	Email received from Melbourne Water	Email received from Melbourne Water	Good Afternoon Clarke, Thank you for your enquiry regarding the property at 7 Cullen Court, Spotswood. Melbourne Water have assessed the area in question as well as the information you have provided in your email, and we wish to advise that there are no assets that Melbourne Water currently own running in the easements noted in the titles you provided. Please be advised that while Melbourne Water did used to be referred to as the Melbourne Metropolitan Board of Works, this entity broke up in the 1990's and became what are effectively now Melbourne Water and the three water retailers that service the Greater Melbourne Metropolitan Area: Greater Western Water, South East Water and Yarra Valley Water. Part of this involved transferring ownership of MMBW assets to these entities depending of the services they provide. According to our systems, the active assets that are running through the easements are now under the ownership of Greater Western Water as they are the responsible authority for residential and commercial water and sewerage assets. In regards to your query relating to the vegetation and the maintenance of these assets, we recommend referring this to Greater Western Water to see if they may be able to assist. Greater Western Water contact@gww.com.au 134 499 Should you have any questions concerning this letter or would like to discuss this resolution please contact Tristan Aldridge on 131772. Regards, Tristan Aldridge \| Customer Complaints Coordinator \| Melbourne Water T: 131 722 \| 990 Latrobe Street, Docklands, 3008 \| PO Box 4342 Melbourne VIC 3001
Tuesday 24th June 2025 2:22 pm	Sent email to Greater Western Water	Sent email to Greater Western Water	Dear Greater Western Water Asset Services, Please see my email below. Melbourne Water have advised me that it is you at Greater Western Water that I need to contact in regards to my enquiry. Below is the email from Melbourne Water and below that is my original enquiry. If you could please look into this important matter that would be very much appreciated. Kind Regards, Clarke Dear Melbourne Water Asset Services, I am writing to request an investigation into Melbourne Water drainage assets located on my mother’s privately owned property at 7 Cullen Court, Spotswood (VOL 9329 FOL 027). This property abuts Crown land (SPI 2369\PP2478), which is under the control of the Department of Transport and Planning. The main house block (VOL 9316 FOL 152) also contains a Melbourne Water asset (Instrument B431864) which is a spoon drain which is blocked due to years of neglect by The Department of Transport. As a responsible land owner I would like to clean out this spoon drain in order to prevent overland flooding but at present time due to The Department of Transports neglect of their Crown land I am unable to do so. Background: • A visible Melbourne Water stormwater drain exists at the fence line between my mother’s vacant block at the front of 7 Cullen Court and the West Gate Freeway Road Reserve. • This drain is both partially and fully obstructed due to overgrown vegetation and soil build-up on the Department of Transport controlled Crown land. • My dear neighbour The Department of Transport has unfortunately failed to perform adequate maintenance for the past almost 10 years, allowing weed infestations and tree growth to encroach significantly over the boundary and affect our land and the flow of stormwater. • My mother’s vacant block is zoned TRZ2 – Transport Zone 2, placing it under the same planning designation as the adjacent freeway reserve land controlled by the Department of Transport. It’s classified as a transport corridor under the law. I act as her legal representative in managing and protecting the site. Request: I respectfully ask Melbourne Water to: 1. Verify the presence and condition of the Melbourne Water assets (drains, pipes, culverts) on the 7 Cullen Court vacant block and main house block and within the Department of Transport road reserve. I have attached title plans for you interest. 2. Determine the encroaching vegetation and lack of maintenance by the Department of Transport which has caused: o Drainage obstruction o Asset degradation o Water overflow and localised flooding (twice in 2 years). 3. Issue a maintenance directive and formal intervention notice to the Department of Transport under your relevant statutory powers once you confirm the obstruction. Supporting Documentation: I have documented the condition of the fence line, encroaching vegetation, and general state of the Crown land adjacent to our parcel with photos, videos, and live monitoring. I am also happy to provide maps, zoning overlays, and VicMap data on request. I maintain a web page about it which you can see here: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html I have attached a video of the April 2025 substantial water leak from The Department of Transport land which flowed over my mothers vacant block and into your Melbourne Water drain easement on the land. My understanding is that the water installation is controlled by their tenant John Holland Corporation. John Holland has two (2) such installations within the West Gate Freeway Road Reserve and both of them have had substantial leaks over the past 2 years. I calculated based on the water flow rate that over 1 million litres of water was wasted by the leaks with a substantial amount flooding over my mothers vacant block and into your drainage asset located on her land. It was only sheer luck that the asset was not fully blocked and was able to take such a substantial flow of water in such a short timeframe. After the last leak I took substantial actions to do what I could to clean your drainage asset including removing weed growth on my side of the land and restoring full and unobstructed access for your maintenance people to your water assets but I could not clean the other side as that side of the fence is under the control of The Department of Transport. I also purchased lifting tools so I could in an emergency remove the drain cover and remove any blockage given the danger such a blockage would cause (it would flood into my garage). I have the tools in my garage should the situation occur again. Please do not hesitate to contact me for a site visit or further clarification. I would also appreciate being advised of any outcomes, proposed actions, or referrals arising from this request. I have a logged job with The Department of Transport for them to please clean up their land to remove these risks but at present time no such land clean-up has commenced. I am hoping that said clean up will occur with priority given the risks. As a responsible land owner I feel it’s my duty to report the issues to you so you can determine your own best course of action on the matter. Thank you for your attention to this matter. Kind Regards, Clarke Towson
Thursday 26th June 2025 6:15 pm	Drove down Melbourne Rd - Observed The No U Turn Sign has been put back in place	Drove down Melbourne Rd - Observed The No U Turn Sign has been put back in place	Driving down Melbourne Road this evening I noted that the No U Turn Sign has been put back in place by John Holland. Excellent work getting that done so quickly after I reported the issue. Well done!
Monday 30th June 2025 8:02 am	Email received from Transport Victoria	Email received from Transport Victoria	Dear Clarke Towson I write in response to your ongoing concerns about overgrown vegetation at the rear of your mother’s property located at 7 Cullen Court at Spotswood. Victorian Ombudsman Complaint reference C/25/9566. Thank you for raising your concerns with Transport Victoria. At the outset, I do apologise for the delay in responding to your concerns and for any inconvenience we may have caused. I can confirm DTP employed a qualified arborist to conduct a site inspection to check the health and condition of the trees next to your mother’s property. It was identified there are 5 trees in question of which 3 are found to be healthy and do not require any work. Two trees of those are considered as needing further work. For one tree the main stem is dead and for the second tree the decaying process has started. Based on these findings, works are being scheduled to remove 2 trees from the location that are considered of high risk. The works will be completed by end of July 2025. It is important to note, native vegetation is protected and there are limitations on what can be removed. Transport Victoria is not able to remove vegetation as part of its road maintenance activities where the vegetation is not impacting the safe use of the road. When it comes to maintenance or the removal of vegetation within proximity of a neighbouring fence line under the Act, road authorities such as Transport Victoria only have a responsibility to maintain trees in the road reserve that impact on road users as vegetation next to neighbouring properties across the network cannot always be sustained and maintenance needs to be allocated responsibly. Transport Victoria strongly encourages landowners to make the necessary works achievable from their own property boundaries. Should a property owner wish to remove vegetation they may also require a planning permit / permission from DEECA (Department of Energy, Environment and Climate Action), to remove any native vegetation and would be liable for any native vegetation offsets that may be required. Transport Victoria will continue to manage the arterial road network in accordance with its Road Management Plan. We undertake regular inspections of the arterial road network to identify defects, to treat any hazards and to maintain these roads. Our highest priority for managing roads is to ensure that safety and access is maintained. This is achieved by adherence to strict inspection and response standards outlined in the Road Management Plan. Transport Victoria appreciates you taking the time to raise your concerns about this matter. Should you have any further questions or concerns, you are welcome to reply directly to this email or by calling 13 37 78. A copy of this correspondence has been sent to the Victorian Ombudsman for its records. Kind regards Nicole Walker (She/Her) Team Leader Customer Resolutions Roads Communications and Customer Experience Transport Victoria transport.vic.gov.au
Thursday 26th June 2025 11:46 am	Emailed Nicole at Transport Victoria and CC The Ombudsman	Emailed Nicole at Transport Victoria and CC The Ombudsman	Dear Nicole, Thank you for your detailed response and for arranging the removal of the two high-risk trees by the end of July. I very much appreciate Transport Victoria’s attention to this important matter. I wish to highlight an important concern regarding vegetation management along our shared boundary. As you noted, Transport Victoria encourages landowners to manage vegetation from their own property boundaries. However, some of the vegetation in question is located on Transport Victoria’s side of the fence making it physically impossible for me to clear it lawfully without your authorisation. As you may be aware, the property at 7 Cullen Court Spotswood is privately owned and is on two separate titles. The first title is the main house block which is residential. The second title is zoned Transport Zone 2 (TRZ2), is privately owned and is actively used by my family as a private transport corridor for vehicle parking and trailer storage. The unmanaged weed overgrowth along the boundary fence directly impacts the operational safety and presentation of our privately owned transport corridor which ultimately forms part of the broader road network in the area. Specifically, the significant weed overgrowth restricts safe access for my trailers and my vehicles entering and exiting our privately owned TRZ2 zoned block and undermines the intended purpose of TRZ2 land as a functioning component of the transport network. Vic Map screenshot: As you can see part of 7 Cullen Court is zoned TRZ2. We are a private transport corridor under the TRZ2 zoning. I have attached to this email the title plan and my mothers ownership record for your interest. Given the above, as a privately owned transport corridor owner and peer under TRZ2 zoning, I respectfully request your assistance in resolving this matter. I am open to the following options: Option 1: Transport Victoria grants me written permission to access the area on your side of the fence to clear the identified weed species which I have identified with the assistance of a Hobsons Bay Council appointed arborist as Madeira Vine, Cotoneaster, Sweet Pittosporum, Mirror Bush and Evergreen Buckthorn at my own time and expense, ensuring no disturbance to native vegetation or infrastructure. Ongoing written permission would be best to enable me to enter your side of the fence on a regular basis (say twice a year) solely and exclusively for clearing these invasive weeds. As part of this written permission I request a key to your access gates which are located a few metres to the side of my mother’s TRZ2 zoned block. This will enable me to place a skip on my mother’s TRZ2 block, enter via your gates, clear the invasive weeds and place them in my skip. Key access from your gates is the only viable option with this option 1. You have a security camera in this area and your security personnel could monitor me as I work to ensure I access the boundary exclusively to clear weeds from our shared boundary fence. I would be happy to pass my contact details onto your security personnel and liaise with them in real time as I work. Option 2: Transport Victoria arranges for the clearing of these identified invasive weed species along our shared boundary fence to support the functionality of the transport corridor and mitigate the operational impact on my mother’s adjoining TRZ2-zoned transport corridor land, at the same time as resolving the issue with the two high-risk trees your arborist has identified. Ongoing weed clearing is necessary and could be incorporated into your standard maintenance program. This option aligns well with your responsibility to maintain trees and manage vegetation in the road reserve where it impacts road users, which in this case includes ensuring clear and safe access for transport corridor operations on adjoining TRZ2 land. This option also aligns perfectly with your highest priority for managing roads ensuring that safety and access is maintained. Option 3: If neither Option 1 nor Option 2 is considered feasible, I request formal clarification on how Transport Victoria proposes this matter can be addressed. Given it is physically impossible to achieve the necessary maintenance “from my side” while ensuring the safety and functionality of both your and my mother’s adjoining TRZ2-zoned transport corridor land, I consider a position of inaction to be unreasonable and unacceptable, as it would result in the ongoing persistence of invasive weeds impacting the transport corridor indefinitely. I look forward to your guidance on how Transport Victoria will resolve this matter in alignment with the objectives of maintaining a safe and functional transport network. I believe resolving this matter collaboratively aligns with the objectives of both Transport Victoria and private TRZ2 landholders in maintaining clear, safe, and functional transport corridors within the broader road network. Thank you again for your time and consideration. I look forward to your guidance on how we can address this issue constructively. I have CC’d the ombudsman for their records for this case. Kind Regards, Clarke Towson Clarke Towson, BCMS (Bachelor of Computer & Mathematical Science) CEO INTJ Billing
Monday 30th June 2025 1:46 pm	Email received from Nicole at Transport Victoria	Email received from Nicole at Transport Victoria	Dear Clake Thank you for your email dated today, 30 June 2025. I appreciate your comprehensive response and for providing further clarity on the situation you and your family are experiencing. Rest assured, I have begun liaising with the appropriate Maintenance Operations team to request their review and consideration of the options you’ve put forward. I anticipate that I should receive an update by Tuesday, 8 July 2025. Should I receive any advice in the interim, I will be sure to let you know. In the meantime, should you have any further questions or concerns, you are welcome to reply directly to this email or by calling 13 37 78. I appreciate your continued patience and understanding. A copy of this correspondence has been sent to the Victorian Ombudsman for its records. Kind regards Nicole Walker (She/Her) Team Leader Customer Resolutions Roads Communications and Customer Experience Transport Victoria transport.vic.gov.au

Date

Action Taken

Authority Contacted

Clarke's Notes

Saturday 1st June 2024

Email sent

West Gate Tunnel Project (CPBJH JV)

Reported large water outflow from their installation in the road reserve which caused flooding at Cullen Court.

5th December 2024

Email sent

West Gate Tunnel Project (CPBJH JV)

Reported masked hoodlums entering The West Gate Tunnel compound on Melbourne Road Spotswood via Cullen Court early in the morning. Sent security camera footage to the team.

29th March 2025

Email sent

West Gate Tunnel Project (CPBJH JV)

Reported damage to the sidewalk at 7 Cullen Court caused by tunnel works.

Sunday 13th April 2025

Email sent

West Gate Tunnel Project (CPBJH JV)

Reported my concerns about possible overland flooding near Cullen Court and not being able to access my spoon drain due to their overgrown vegetation due to lack of maintenance in the road reserve.

Sunday 20th April 2025 5:00 am

Upon leaving my house I noticed noise coming from The West Gate Freeway Road Reserve. Due to poor visibility I assumed it was works related to the tunnel project and I took no action.

N/A

Increased visibility is required in order for me to visually see the water installation in the road reserve.

Sunday 20th April 2025 12:58 pm

Email sent and phone call made

West Gate Tunnel Project (CPBJH JV) & Department of Transport

The loud noise from The West Gate Freeway Road Reserve was still present. Decided to investigate further. Entered the road reserve via my locked gate. Noticed an emergency stuation with a massive amount of water leaking from their water installation. Alerted both parties to the emergency. Advised also that a large amount of water was flowing onto my vacant block and into my drain caused by the burst pipe from their water installation. Worked to coordinate activities with The Department of Transport and The West Gate Tunnel Team. Phone handler at The Department of Transport requested me to contact Melbourne Water about the situation. I advised her that i'm just the neighbour. She needs to report it as she is working for the government agency who is responsible for the road reserve.

Sunday 20th April 2025 1:07 pm and 1:22 pm

Received a phone call from 03 9674 2000 Translink Operations PTY Ltd

Department of Transport via Translink Operations PTY Ltd

Had a phone discussion about the issue. Was advised that someone from The West Gate Tunnel Team would be out to fix the problem as a matter of high priority.

Sunday 20th April 2025 7:45 pm

Spoke directly with emergency crew on site

West Gate Tunnel Project (CPBJH JV)

Advised emergency guy about the situation. Advised I was the person/neighbour who reported it. Noted that the crewman arrived 6 hours and 47 minutes after my call and email to the West Gate Tunnel Team. Noted it was Easter Sunday which was the likely cause of the delay in response.

Sunday 20th April 2025 5:36 pm

Emailed The West Gate Tunnel Team

West Gate Tunnel Project (CPBJH JV)

Advised The West Gate Tunnel Team about the water leak issue next door in the neighbouring apartments.

Sunday 20th April 2025 5:44 pm

Emailed received from The West Gate Tunnel Team

West Gate Tunnel Project (CPBJH JV)

Team advises that the water leak will be investigated.

Monday 21st April 2025 3:33 pm

Emailed The West Gate Tunnel Team

West Gate Tunnel Project (CPBJH JV)

Advised The West Gate Tunnel Project that I have taken steps to clean up some of the overgrowth on my property. Cleared access to the drain. Gave The West Gate Tunnel Project a deadline of Monday 5th May 2025 to clean up their land or else I will need to act and clean up parts of it myself in order to clean up my spoon drain to prevent overland flooding.

Tuesday 22nd April 2025 7:59 am

Emailed The West Gate Tunnel Team

West Gate Tunnel Project (CPBJH JV)

Sent a detailed email about the problems with their water installation, suggested soutions to upgrade the installation to make it safer and requested to speak directly with an engineer.

Wednesday 23rd April 2025

Email received

West Gate Tunnel Project (CPBJH JV)

The West Gate Tunnel Community and Stakeholder Relations Team advises the team was out on site on Sunday afternoon to check and repair the leak at the recharge well. Due to the Easter long weekend break, the team was unable to monitor the recharge well as closely as they usually do. This issue has been rectified. The team is waiting on the outcome of my request for information about who is responsible for the maintenance of the reserve adjacent to my mother’s property and will have a response for me soon.

Wednesday 23rd April 2025 1:00 pm

Site visit by a WGTP team member

West Gate Tunnel Project (CPBJH JV)

Spoke with Tony a member of WGTP Team and showed Tony the leak flowing into the neighbours drain which may or may not be caused by their works we're unsure. Tony explained that maps will need to be looked at and went back to look at the maps.

Thursday 24th April 2025 10:00 am

Contacted The Hobsons Bay Council

Hobsons Bay Council

Spoke with a woman from Hobsons Bay Council in regards to determining who exactly is responsible for the land. Sent a follow up email detailing the exact location of the land with an aerial photo and vicmap data along with my comments on the maps. Included photos of the land with visible lack of upkeep and my suggested required actions.

Thursday 24th April 2025 10:15 am

Contacted The Department of Transport

The Department of Transport

Spoke with a woman on the phone from The Department of Transport in regards to determinig if they are responsible for the land. This woman took the details of the land and explained that they are indeed responsible for it. She gave me an email 'landandproperty@transport.vic.gov.au' and advised me to send an email with details of the issues, the exact location of the land, the water leak etc which I did.

Thursday 24th April 2025 10:45 am

Contacted BGIS (an outsourced provider of services to The Department of Transport)

BGIS Job number 3129064

Spoke with a woman on the phone from BGIS in regards to determining if they are responsible for the land as the outsourced provider. This woman took my details and expained that a BGIS team member would contact me about it.

Thursday 24th April 2025 11:11 am

BGIS (an outsourced provider of services to The Department of Transport) contacted me

BGIS Nikki Cleary

Email from Nikki Cleary requesting photos of the issues and a map of where the land is located.

Thursday 24th April 2025 11:20 am

I email Nikki from BGIS (an outsourced provider of services to The Department of Transport)

BGIS Email sent to: Nikki Cleary

I explain that I have created a web page on my website with details of the lands exact location, photos, videos, logs and a live stream from my security camera where they can see the land and the conditions as well as what maintenance needs to be done. I email her the link to this page

Thursday 24th April 2025 11:42 am

Nikki Cleary from BGIS (an outsourced provider of services to The Department of Transport) contacts me

Email received from BGIS: Nikki Cleary

Nikki says: Thanks for getting back to me with that information. I’ve looked into it and this area is classed as arterial road reserve and as such, is not managed by BGIS. Please note, BGIS only manage freehold land on behalf of the Department of Transport and Planning (DTP – VicRoads) and not roads or road reserve area. I have forwarded your enquiry onto DTP and requested for someone to get in touch with you. I would also recommend reporting the issue direct to DTP via the following link or by calling 13 11 70 as you will be issued a request number that can be used to follow up. https://www.vicroads.vic.gov.au/traffic-and-road-use/report-a-road-issue. Apologies we could not be of further assistance.

Thursday 24th April 2025 11:55 am

I contact Vic Roads / Department of Transport via their online form located at https://www.vicroads.vic.gov.au/traffic-and-road-use/report-a-road-issue

I contact Vic Roads / Department of Transport

Hi Vic Roads and Department of Transport. Further to the email I sent to landandproperty@transport.vic.gov.au I am creating a message here with you. The section of road reserve adjacent to 7 Cullen Court and 12 LeFevre St Spotswood needs to be maintained. In order to put all the details in the one place and avoid me having to explain this over and over again to each government department and private company involved who wont give me the information I need I have created a public web page on my main website with details of the lands exact location, photos, videos, an accountability log and a live stream from my security camera where you can see the land and the conditions as well as what maintenance needs to be done. The link is: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html. I would like to be contacted please by the specific person from the department responsible for the upkeep of the land. Someone with the authority to send in a clean up crew who I will liaise with about the work required. Let's get this issue resolved as soon as we can. Kind Regards, Clarke

Thursday 24th April 2025 12:00 noon

Vic Roads / Department of Transport automated response

Reply from Vic Roads / Department of Transport

Thank you for contacting VicRoads. Your enquiry has been received and your reference is ETS503461301. Please record your reference number and refer to it in any future discussions related to your enquiry. You will receive a confirmation email within the next 24 hours to the email address supplied. Following this, the VicRoads staff member best suited to respond to your enquiry, will contact you directly or request further details about your enquiry, using the contact details you have provided. Should you need to contact VicRoads urgently prior to receiving our reply, please call us on 13 11 71 and provide your reference number. VicRoads service delivery standards ensure that you will receive a response to your email within 7 business days. This allows VicRoads time to process and research enquiries to provide an accurate and timely reply.

Saturday 26th April 2025 10:05 am

Emailed The Hobsons Bay Council and The Department of Transport

The Hobsons Bay Council and The Department of Transport

Sent an email to The Hobsons Bay Council requesting them to issue the Department of Transport / Vic Roads with a formal enforcement action / order to please address their overgrown vegetation as a matter of high priority and for the Department of Transport / Vic Roads to implement a regular program of maintenance on the road reserve as it’s both a nuisance and a safety concern and it affects the structural integrity of the boundary fence I share with the Department of Transport / Vic Roads. Requested the name, email address and phone number of the authorized contact at The Department of Transport who is tasked with the responsibility of maintaining the West Gate Freeway Road Reserve adjacent to 7 Cullen Court and 12 Le Fevre St Spotswood so I can maintain regular contact with this person on the upkeep of the road reserve. This is appropriate as I am the neighbour and neighbours need to be in contact with each other on matters like this. Reminded The Department of Transport of their obligations under TheRoad Management Act 2004, Catchment and Land Protection Act 1994, Public Health and Wellbeing Act 2008, Country Fire Authority Act 1958, Environmental Protection Act 2017 and Local Government Acts and Local Laws (by delegation). Relevant quotes from the act include: The DoT must properly maintain roadside reserves to ensure they are safe, serviceable, and not a hazard and take reasonable steps to prevent risk to property and persons using land adjacent to the road. A road authority must inspect, maintain and repair a road and its roadside to the standard required for the safe and efficient operation of the road. The DoT must control noxious weeds on any land it manages, owns, or controls. Public authorities are legally obligated to control and prevent the spread of declared noxious weeds on their land. The land owner must take all reasonable steps to eradicate regionally prohibited weeds and prevent the growth and spread of regionally controlled weeds.

Monday 28th April 2025 9:00 am

Called the Department of Transport Legal Team requesting advice

The Victorian Government Solicitors Office

Advised them of the issue. The woman on the phone explained that The Victorian Government Solicitors Office represents and advises The Department of Transport on legal matters and they don't act for the public. Explained my concern that The Department of Transport is in breach of The Road Management Act 2004 (Vic) and other acts I just wanted to flag that with them so they have it on file perhaps they could give a heads up to the legal team that there is a serious issue that needs to be resolved by The Department of Transport in relation to The West Gate Freeway Road Reserve. Left my name, phone number and address. Explained that I was not seeking to take legal action but just to notify them of the issues given the seriousness of them and that action needs to be taken to clear up the land with high priority.

Monday 28th April 2025 2:45 pm

Site visit by Hobsons Bay Council appointed Arborist

Hobsons Bay Council Building Our Urban Forest

Met with Hobsons Bay Council appointed Arborist on site in council marked car Hobsons Bay Council / Building Our Urban Forest. Thanked him for Hobsons Bay Council's rapid response on this important safety matter. Carefully explained to the arborist that the vacant blocked is on a separate title. Both the main house block and the 110 sq metre block are owned by my mother. Arborist was surprised (as all people are) that the block is privately owned. Arborist took several photographs of the land and the overgrown weeds/ enroachment issues. Arborist explained that the plants on the land including the plants encroaching from The Department of Transport were weeds except for a Carob Tree located on the land behind the large basalt rock. Arborist explained that what I assumed was a tree at the front of the block was in fact Pittosporum Undulatum (Australian Cheesewood) and that it's classified as a weed and is not generally planted in the Hobsons Bay area. The Carob tree (which is not a weed) is also generally not planted in Hobsons Bay. Took the arborist through the side of the main property and explained the situation with The Department of Transport weeds overrunning their land and encroaching upon my mothers land. Explained the safety issue with the blocked spoon drain and recent flooding caused by the West Gate Tunnel Project / John Holland. Showed the arborist the blocked spoon drain at front. Explained to him that it was only sheer luck that the main drain which the blocked spoon drain flows into wasn't blocked and how the court could have been flooded if it was blocked. Arborist explained that he didn't think council has the power to act on this matter with the overgrown weeds encoraching from The Department of Transport land in The West Gate Tunnel Freeway Reserve adjacent to 7 Cullen Court and 12 Le Fevre St however he would discuss it with his team leader and get back to me on the matter. I thanked the arborist for his time and swift response. Arborists professionalism is a credit to himself and council very well done thank you very much for the swift response. Well done Hobson's Bay Council.

Monday 28th April 2025 3:45 pm

Site visit by John a professional gardener I asked for a quote to clean up my side of the land

JD’s Gardening Services Williamstown

Met with John from JD's Gardening Services Williamstown. Explained the situation and showed him the overgrowth from The Department of Transport trees and weeds encroaching upon my mothers land. Discussed his rates. I will hire John to work with me to clean up the land particularly the overgrown weeds that have encroached into my side of the fence. Approximately 1 to 2 days work to clear up the overgrowth with me working with him (front vacant block only).

Tuesday 29th April 2025 9:00 am

Emailed The Department of Transport and CC Hobsons Bay Council

The Department of Transport and Hobsons Bay Council

Raised urgent safety concerns regarding large overhanging branches from a Large River Red Gum (Eucalyptus camaldulensis) located on Department of Transport land adjacent to my mother's privately owned vacant block. Identified risks including potential personal injury, property damage, and insurance liability due to unpredictable branch drop. Requested immediate arborist inspection and risk mitigation actions, including pruning of overhanging branches and establishment of a regular maintenance program. Noted that Hobsons Bay Council had already responded promptly to a related request, inspected the site, confirmed the land ownership, and identified weed species encroaching from DoT land. Advised intention to clear weeds and plant native, climate-resilient trees aligned with Hobsons Bay’s Urban Forest Strategy 2020.

Tuesday 29th April 2025 10:08 am

Received an email from The Department of Transport

The Department of Transport

Good morning Clarke, Thank you for your email. Are you able to provide the full address of your mother’s block so we can investigate this further? Thank you, Michelle Transport Property Planning and Land Services Department of Transport and Planning

Tuesday 29th April 2025 10:17 am

Replied back to the email from The Department of Transport

Michelle at The Department of Transport

Advised Michelle that the address of the property is: 7 Cullen Court Spotswood Vic 3015. Attached copies of my mothers land titles and the location of the water easement. Advised that on VicPlan the vacant block is listed as 12 but this is a mistake and I have contacted VicMap about this. Attached aeriel photo of the location of the land. Attached an image from this page detailing exactly whats required in the road reserve.

Tuesday 29th April 2025 11:00 am

Email received from The Department of Transport

Michelle at The Department of Transport

Hi Clarke, Thank you for providing the address and details. I will investigate your request and will provide an update soon. Thank you, Michelle.

Tuesday 29th April 2025 11:05 am

Email sent to The Department of Transport

Michelle at The Department of Transport

Thank you Michelle very much appreciated. Feel free to call me as required. I’m happy to meet with your people on site as well I will make myself available as required. Best Regards, Clarke

Tuesday 29th April 2025 11:25 am

John Holland / West Gate Tunnel landscaper

Noted a West Gate Tunnel landscaper working with a whippersnipper clearing up the compound adjacent to Cullen Court. Spoke with this person regarding a large weed present on the nature strip section of John Holland / West Gate Tunnel controlled land which is a serious trip hazzard to people who park vehicles turning off the West Gate Bridge. People who park and take breaks at that section of land which my cameras have observed hundreds of times over the past 10 years. Used WeedScan AI program on my iPhone and determined the weed is Cotoneaster which is considered an environmental weed in many parts of Australia, including Victoria. Noted that Cotoneaster is a weed which conflicts with Hobsons Bay Council's Urban Forest Strategy. Asked landscaper if he could please remove it. He advised he needs to speak with his supervision about it first.

Wednesday 30th April 2025 8:25 am

Chat with my neighbour Blake from up the road

Blake my neighbour from a few doors down has expressed concerns regarding my works cutting back the overgrown weeds on my mothers vacant block at front. Blakes first concern was regarding the ownership of the block. I explained carefully during our previous chat that the block is privately owned by my mother. She has the house which is on approx 800 sq metres of land and the vacant block at front which is approx 110 sq metres of land. Blake is concerned about the amount of greenery that I have cut back and the effect that might have on noise from The West Gate Freeway and the visual impact from The West Gate Freeway Road Reserve. I thanked Blake for his concern and I advised him that I share his concern about this and I want to plant new trees and beautify the block and perhaps given his interest in greenery he may like to suggest to me what trees he would like seen on the block and that I would listen to him and implement his suggestions given how much he cares if they align with The Hobsons Bay Councils policies on what trees they would like to see under their Urbane Forest Strategy. We need more citizens like Blake who care for the surroundings. I explained that a Hobsons Bay Council arborist visited a few days ago and provided advice on the particular species of weeds present on the block. The identified species of weeds are Madeira Vine, Cotoneaster, Sweet Pittosporum/Australian Cheesewood among other weeds including Rhus Tree, Mirror Bush and Evergreen Buckthorn. Explained to Blake that the only tree on the block is the tree at right which is a Carob Tree and even I was surprised about this after the visit from the council appointed arborist. The Carob Tree is not a weed. Gave Blake my email address (clarketowson@intjbilling.com) and my phone number (0432 359 166) and asked him to please keep in contact with me regarding any concerns he may have and that i'm determined to make the block look beautiful for my own benefit and the benefit of my neighbours. Blake also expressed concern that I may need a council permit in order to undertake this weed control work. I explained to Blake that I had checked on The Hobsons Bay Council website and my understanding is I don't need a permit for this work. I further explained that The Department of Transport will hopefully plant appropriate species of trees like The West Gate Tunnel Project / John Holland have to the right of the boundary of the block. The West Gate Tunnel Project / John Holland should be commended for this work it is excellent. Similar planting if performed by The Department of Transport will provide both visual beautification and perhaps some additional noise blocking like the excellent new noise control wall that The West Gate Tunnel Project put in place some time ago. Explained the situation with the very large overhanging tree from the Department of Transport owned land. Advised that I have an open case with them in regards to this safety risk. Blake is an excellent neighbour and a credit to the street. I hope to obtain more of his advice and get the block looking really beautiful moving forward once all the weeds are gone.

Wednesday 30th April 2025 10:15 am

Emailed Hobsons Bay Council

Provided Council with an update on the invasive weed species identified on my mother’s 110 sqm vacant block, including: Madeira Vine, Cotoneaster, Sweet Pittosporum (Australian Cheesewood), Rhus Tree, Mirror Bush, and Evergreen Buckthorn. Used the WeedScan AI tool to validate identifications. All species were confidently confirmed except Rhus Tree, which was flagged with slightly less certainty. Consulted ChatGPT for a vegetation quality rating: 2.5/10. It noted that all species present were either environmental or noxious weeds with no ecological or landscaping value, apart from the Carob Tree, which may be retained as a feature. Removed knee-height barbed wire hidden in overgrowth — believed to have been installed by the previous owner in the 1960s. Its removal eliminates a serious safety hazard for potential trespassers or unaware citizens. Raised awareness of antisocial behaviour (urination and concealment) made possible by the overgrowth. Removing the weeds and barbed wire is expected to significantly reduce such activity. Expressed interest in receiving tree planting suggestions from Council once the Department of Transport clears its overgrown boundary and my own weed removal is complete. Thanked Council for promptly sending an arborist, who provided species identification and was professional and helpful.

Wednesday 30th April 2025 3:11 pm

Email received from Hobsons Bay Council

Dear Clarke, Thank you for contacting Hobsons Bay City Council. We have attached your email to the existing case (C-97256) for follow up. We will also leave a link below to further information about choosing the right tree for your property. Choosing the Right Tree for Your Property - Hobsons Bay. If you have any further enquiries, please feel free to contact us. Kind regards, Bianca

Wednesday 30th April 2025 10:30 am

Clearing of easement and utility access zone

Not yet contacted – log for record

Successfully cleared vegetation and debris surrounding the Melbourne Water inspection pit located on my mother’s 110 m² vacant block. Removed overgrown weeds, ground-level obstructions, and nearby branch encroachment to ensure safe and immediate access to the infrastructure. Formerly obscured by thick vegetation and difficult to locate, the pit is now clearly visible, unobstructed, and compliant with standard utility access expectations. This work will assist Melbourne Water in accessing the pit without delay in the event of emergency maintenance, inspections, or routine servicing. The work also eliminates manual clearance costs or safety risks for future utility workers attending the site. Further evidence of responsible land management and alignment with council and infrastructure stakeholder expectations.

Wednesday 30th April 2025 7:45 pm

Psychological and Community Impact of Block Clearing

log for record

The recent clearing and opening of my mother’s 110 square metre vacant block at the end of Cullen Court has had an immediate and visible psychological effect on the space and its surroundings even given the entire job is still yet to be completed. What was previously an overgrown, concealed, and unmanaged parcel of land now presents as an emerging well-maintained, clearly private space that signals ownership, safety, and civic responsibility. This transformation once complete shifts the perception of the block from neglected to respected. Drivers entering Cullen Court from the West Gate Freeway now encounter an open and soon to be more orderly vista rather than a concealed and chaotic edge space. This enhances neighbourhood pride, discourages antisocial behaviour, and increases passive surveillance at the end of the street.

Monday 5th May 2025 9:20 am

John Holland / West Gate Tunnel landscaper

Dear Melissa / West Gate Tunnel Project / Neighbour, I’m currently in the process of cleaning up my mother’s vacant block at 7 Cullen Court Spotswood. Most of the block has already been cleared of weeds except for the boundary fence which I’m doing over the next few days. In the area where you have planted the really nice new Australian native plants there are a lot of weeds overhanging the boundary fence which have encroached significantly into my mother’s land through the chain link fence and are causing structural problems with the fence. Can I please request you send down someone to remove the growth from just that section of fence. It won’t take too long. I’m happy to give your people a hand with it as I have gardeners coming to help me clear my side of the fence. Otherwise, If you give me permission to enter that section I can work with my gardener to clear it ourselves. That particular section I don’t have any rights to enter and clear as it does not contain our 1.8 metre length easement unlike the house block. I had a private contractor with a stump grinder remove a significant weed and safety issue / trip hazard from that section near the curb as your contractor needed permission from his team leader and was unable to do it. In regards to the back section of the vacant block I have an open case with The Department of Transport for weed clearing there. I have also asked the department to remove a significant safety issue with the large tree which has several large branches overhanging the block. The Australian natives you planted in that section are great by the way. Well done

Monday 5th May 2025 9:45 am

Email Received from The Department of Transport

Good morning Clarke, After some investigation I can confirm that this area of land is not managed by the Land and Property Team, however we have forwarded on your contact details and emails to another area within the department and have requested that they investigate and respond to you. Thank you Michelle

Monday 5th May 2025 10:15 am

Email sent to Department of Transport and Hobsons Bay Council

Thank you Michelle very much appreciated. If I may request additional details about that team that would be fantastic. As my neighbour it’s very important that I maintain great relations with The Department of Transport and that specific team responsible for the road reserve. So I as your dear neighbour would like please the name of the head of the team or team leader and that persons contact details so I will be able to speak with them directly about this and the required regular maintenance of the road reserve. This will save significant time and phone calls/emails in the future and help to ensure future safety issues are rectified quickly. I’m happy to wait until such time as the team have investigated the issue but I will need those details when the work starts and progresses. I would also like to please pass the teams details onto The Hobsons Bay Council and to Melbourne Water so they also have them on file for future requests about the road reserve given its importance and the critical nature of the spoon drain on my mother’s main house block. If you can’t pass those details onto me today and I can’t pass those details on directly I request for you to please take responsibility for contacting both The Hobsons Bay Council and Melbourne Water today and please pass those details directly onto them and then please let me know once you have done this so I can update my accountability log. This will save significant time in both departments and allow both The Hobsons Bay Council and Melbourne Water to continue to provide high levels of service to myself and my fellow Hobson’s Bay citizens. I want to make sure we have great relations with The Hobsons Bay Council and with Melbourne Water. To this end I have taken steps to remove large weeds and give Melbourne Water easy access to the front easement drain on my mother’s vacant block. From my perspective I have cleaned up a great deal of my mothers vacant block and it’s almost ready for new Australian native flowers and plants. I have gardeners coming this week to advise and to help me with this. I’m committed to beautifying the block for my benefit and the benefit of my neighbours and visitors to the area. Thank you so much for your help with this it’s very much appreciated 😊 Kind Regards, Clarke

Monday 5th May 2025 2:39 pm

Email received from Hobsons Bay Council

Good Afternoon Clarke, Local Laws Officers have received your enquiry regarding overgrown vegetation at the above address. Officers have inspected the site to confirm that this land belongs to Vic roads in which council does not have jurisdiction in this matter. Can you please forward all requests to Vic roads and the department of transport to rectify the outlined issues. Regards, William Murray Local Laws Officer, Parking and Animal Management Officer Corporate Integrity

Monday 5th May 2025 3:52 pm

Email sent to Hobsons Bay Council

Good Afternoon William, Thank you for the swift response on this from yourself and all council officers involved and thank you for inspecting the site to confirm this is very much appreciated. I will as directed forward all requests to Vic Roads / The Department of Transport. I’m hoping they will act soon and clean up the road reserve and resolve the safety issues present. I have made some further progress with them today and I understand that my request has been forwarded to a specific team in the DoT who is responsible for the land which is great. For CRM:0427463 please update that record to reflect that my address is 7 Cullen Court Spotswood. 7 Cullen Street is at the opposite end. 😊 Kind Regards, Clarke

Tuesday 6th May 2025 11:48 am

Email sent to The Department of Transport

Dear Neighbour Department of Transport, I made a short video for you this morning which highlights the issues with your large eucalyptus tree which is encroaching upon my mother’s vacant block at 7 Cullen Court Spotswood from The West Gate Road Reserve. Please send the link to those you need to internally. The video is set to unlisted so it will not show up publicly on my channel. Hobsons Bay Council officer Mr William Murray Local Laws Officer, Parking and Animal Management and Corporate Integrity sent council officers out to inspect the site and council have confirmed that as the land behind my mother’s vacant block belongs to you Vic Roads / The Department of Transport the council does not have jurisdiction on this matter and all requests I need to send directly to you as my neighbour. As my mother’s block has now been mostly cleared there are now no large weeds obstructing general public access to the land. Should you wish for me to place a temporary barrier and signage to restrict access to my mother’s block until such time as you have removed your encroaching branches from your side please let me know and I will do this with high priority in the interest of public safety. I look forward to working with you to resolve the issue as a high priority given the safety risks present. Kind Regards, Clarke

Wednesday 7th May 2025 12:25 pm

Email sent to The Department of Transport

Dear Neighbour Department of Transport, I have now cleared my side of our boundary fence. Photos attached for your interest. Please let me know when you’re able to send out your crew to clear your side. I would be happy to assist them if required 😊 Kind Regards, Clarke

Wednesday 7th May 2025 5:20 pm

Email received from The West Gate Tunnel Project

Received email from The West Gate Tunnel Project detailing whos is responsible for what specific land surrounding my mothers house and vacant block.

Wednesday 7th May 2025 5:53 pm

Email sent to The West Gate Tunnel Project

Thanked The West Gate Tunnel Project for the provided information which helped me to clarify exactly who is responsible for what specific land surrounding my mothers property.

Sunday 11th May 2025 11:30 am

Email sent to The Department of Transport

Dear Neighbour Department of Transport, Just following up to see how my request is coming along internally. Has the specific team responsible for the land viewed the video I made for them? The photos I sent of the issues on the land have been viewed? I’m keen to get this moving along with priority. Do you have a projected time frame for completion of the work? The team leaders contact details for me to chat with about the issues? I’m happy to assist where required 😊 Kind Regards, Clarke

Sunday 18th May 2025 7:15 am

Complaint submitted to The Victorian Ombudsman

Submitted complaint to The Victorian Ombudsman. Case C/25/9566.

Monday 19th May 2025 11:55 am

Sent a direct message to Jeroen Weimar Secretary, Department of Transport and Planning

Sent a direct message to Jeroen Weimar asking if he could please look into this matter personally and sent him a link to this web page

Monday 12th May - Friday 16th 2025

Installed removable stainless steel bollards at the front of my mothers vacant block

Removable high quality stainless steel bollards have been installed at the front of my mothers vacant block. The bollards have been installed as a security mechanism to prevent vehicles from encroaching upon the land and for our own vehicles we may park on the land to work on them in our new garden to be safe from theft. The bollards are also a security mechanism to prevent people from walking onto the land and to present an image that the land is valued, privately owned and managed.

Monday 19th May 2025

Installed removable stainless steel chain between the bollards and the chain link fence

The removable stainless steel chain has been installed between the bollards as an additional security mechanism to prevent people from walking onto the land and to present an image that the land is valued, privately owned and managed.

Monday 19th May 2025 6:00 pm

Added temporary signage to the chain link alerting our neighbours and the general public to the safety risks present

Signage reads: Private Property — Beautification in Progress. This land is part of 7 Cullen Court and is privately owned and managed. Our neighbour The Department of Transport has been requested to cut back several large overhanging branches and remove the encroaching weeds from their land in addition to other works which the department needs to complete in order to make The West Gate Freeway Road Reserve safer and more beautiful for ourselves, our neighbours in Cullen Court and our neighbour at 12 LeFevre St. At present time the large overhanging branches are a safety risk to the public. Please stay off the land. Once the Department of Transport has resolved the safety issues present, new Australian native flowers will be planted and the block beautified. For live, ongoing updates about the issues please visit: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html

Tuesday 20th May 2025 9:30 am

Met with a Melbourne Water Representative on site

A Melbourne Water Rep visited for a water leak on my neighbours property. Whilst here we had a chat about my mothers vacant block. I explained how my work in opening up the block has made their work easier in accessing the sewer and water pits on the land. I expained that before my works the large overgrown weeds prevented their access but now access is much easier they can even get their trucks onto the land to access the pits. I explained that if they like I will even give them keys to the bollards should they need to remove them quickly to gain access. I further explained about the safety issues present on the site with the large overgrown branches which the Department of Transport needs to address before any of their water workers access the site. I explained that in it's current state having water workers access the pits is a safety concern due to the large overgrown branches. Explained the situation that if Melbourne Water correctly sees the risks of the overgrown branches as a safety concern and contacts The Department of Transport about the issue they need to send them an email to a specific email address and it is very difficult to find out who is responsible for cutting back the branches. That this will significantly delay any works they need to do on the water pits.

Sunday 25th May 2025 1:13 am

Emailed The Department of Transport

Dear Neighbour, I still haven’t heard from you regarding my request. Just wondering how it’s progressing internally? I have placed a temporary safety barrier across the front of my mothers property with some signage alerting the public to the safety risks and to please stay off the land. Even if you just employed me as a volunteer, gave me a key and permission to enter your side of the land I’m happy to do that and place a skip there. I could employ a private gardener at my expense to work with me to cut back your weeds. I’m very keen to get this moving along. I’m happy to assist where required. If there is anything I can do please do let me know. Kind Regards, Clarke

Monday 2nd June 2025 9:30 am

Called The Department of Transport Traffic Management Division 13 11 70

Called The Department of Transport Traffic Management Division 13 11 70 and requested a direct phone call from whoever the manager is who is responsible for the West Gate Freeway Road Reserve. Went over the issues with the overhanging tree branches. Advised that if I see no action from the department I will need to cut back the overhanging branches myself within 14 business days time which I have the right to do under the right of abatement law in Victoria. Advised that I have as yet seen no action from the department on this important matter and I am worried that under Hobsons Bay Council local law 2015 that my mothers land is dangerous due to the overhanging branches that have encroached from The Department of Transports land. Advised that I have installed signage and removable traffic management devices to ensure the general public stays off my mothers land. Requested someone from the department visit with me personally on site if required to go over the issues and that I would take them through the list of issues which the department needs to resolve to make the land safe. Reiterated my advice that the situation is dangerous due to the overhanging tree branches and also spoke about the increased risk of overland flooding due to me not being able to clear out the spoon drain on my mothers property due to the department of transport not having cleaned up their land. Advised that whilst I do have a key and I could enter the land myself I want to do the right thing and wait until such time as the department acts. Advised that if I see no action in 14 business days I will need to hire a crew myself with a large boom and a qualified tree lopper with a chainsaw in order to reach the approximate 12 metre height of the tree and remove the encroaching branches given the situation is dangerous.

Monday 2nd June 2025 10:30 am

Called The Victorian Ombudsman

Called The Victorian Ombudsman to follow up on the case. Officer assigned to the case was in a meeting and will call me back.

Wednesday 4th June 2025 11:36 am

Phone call and SMS from The Department of Transport

Dear Clarke, we called you to advise your report regarding hanging trees has assigned to a contractor under our maintenance prioritisation system. Thank you for raising the concern. Questions? Visit transport.vic.gov.au/Contact-us/General-roads-enquiries or call 13 37 78. - Customer Resolutions Team, Transport Victoria.

Thursday 5th June 2025 10:30 am

Phone call from Amanda at The Victorian Ombudsman

Received a phone call from Amanda at The Victorian Ombudsman. Amanda explained that her role is to help facilitate communicaton between the Department of Transport and myself. Amanda explained that she will contact The Department of Transport and request communication between them and myself. I said thats fantastic that's the most important part of all this. Amanda further explained that if the Department of Transport has not called me by the 23rd of June 2025 that I should please call her back at the Victorian Ombudsmans public phone number and let her know. I requested that in her communications request to the Department of Transport that it would be great if a manager who is specifically in charge of the West Gate Freeway Road Reserve and has responsibility and accountability for the road reserve please be the person to call me. It should be the public servant who is in charge of the maintenance crew who is sent out to cut back trees, remove weeds and maintain the road reserve (or that persons manager). I need that persons contact details including name, position, phone number and email address because I am the Department of Transports dear neighbour and communications between us are vitally important for ongoing maintenance issues (or anything else that might crop up from either party given our roles as dear neighbours). From the perspective of ourselves at 7 Cullen Court (myself Clarke Towson, my mother Faye Towson and my brothers Cameron and Mark Towson, my neighbour Anthony at 12 LeFevre St and our other neighbours in both Cullen Court and LeFevre St there is interest in this case due to the beautification works I am doing on my mothers vacant block at front (the block which The Department of Transports large overhanging branches are significantly encroaching over) and interest in The West Gate Freeway Road Reserve given it borders Cullen Court and LeFevre St Spotswood. I explained to Amanda that something is not right with The Department of Transport given that at the very beginning of all this it should have been a simple phone call from the department to myself that went something like "Hello Mr Towson, this is John C Public Servant, I'm the manager who is in charge of The West Gate Freeway Road Reserve. My phone number is (phone number), my email address is (email address), my position name is (position). We don't usually give out these details but as you are our dear neighbour we do so in these situations. I'm sending out a crew to cut back our overhanging encroaching branches. The crew will be sent out on (date) and (time). Please let me know how it goes and if you are satisfied with the works." Of note - The Hobsons Bay Council did give out those details of the specific officer in charge of compliance when determining if my beautification works on my mothers vacant block were in adherance to councils policies and by laws which was fantastic. I also explained to Amanda that The Hobsons Bay Council themselves do not have specific contact details within The Department of Transport about who exactly within The Department of Transport is directly responsible for the West Gate Freeway Road Reserve and that this information is vitally important for council to know both internally and for when residents call up about the reserve. Amanda also advised that the phone call was being recorded and asked for my consent. I confirmed that I was absolutely OK with the call being recorded — I welcome it. A recorded record of this issue is vital for transparency, accountability, and ensuring an accurate understanding of what was discussed. Recorded calls mean there is no room for misinterpretation, spin, or deletion.

Thursday 6th June 2025 11:00 am

Called The Department of Transport on 131 170

Called The Department of Transport to enquire about reference number: 503 481 078 (my logged job in regards to cutting back the overhanging branches). Requested as part of the job that the manager who is responsible for the crew who is sent out to do the work if that person can please contact The Hobsons Bay Council and pass on details to them regarding who exactly within the Department of Transport is responsible for sending out the crews to maintain The West Gate Freeway Road Reserve. Once The Hobsons Bay Council has these details on file it will make it much easier for myself, my neighbours and anyone else with an interest in the maintenance of The West Gate Freeway Road Reserve to get through to the correct phone number and area within The Department of Transport. Also requested the name of the contractor who will do the works but that information was not able to be passed onto me but they will request it from the contractor. Asked also for an estimated time frame for when the works would begin but that too was not possible to give me.

Monday 9th June 2025 8:00 am

Submitted a Freedrom of Information Request to The Department of Transport

Subject: Freedom of Information Request – Tree & Vegetation Maintenance on SPI 2369\PP2478 (West Gate Freeway Road Reserve, Spotswood)

To: FOI Officer
Department of Transport and Planning
Victoria
________________________________________
Dear FOI Officer,
Pursuant to the Freedom of Information Act 1982 (Vic), I respectfully request access to the following documents and information held by the Department of Transport and Planning in relation to Crown land parcel SPI: 2369\PP2478, specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood. ________________________________________
1. Responsible Officers and Contact Details
Please provide documents that identify:
• The name(s), position title(s), and contact details (email and telephone) of public servants within the Department responsible for:
o Authorising
o Coordinating
o Managing or assigning
tree maintenance and vegetation clearing activities on the above-mentioned land.
________________________________________
2. Records of Vegetation and Tree Maintenance Activities
I seek access to:
• Work orders
• Internal correspondence
• Maintenance requests
• Project directives or instructions
...issued within the past 8 years in relation to tree or vegetation management activities on SPI 2369\PP2478.
________________________________________
3. Contracts and Delegation Instruments
Please include:
• Any contracts, agreements, or delegation instruments identifying:
o The officer, branch, or division with maintenance responsibility for this land;
o The name(s) of any external contractor(s) engaged for tree/vegetation management along the West Gate Freeway Road Reserve in Spotswood.
________________________________________
4. Maintenance Policies and Schedules
I request:
• The current vegetation management policy and/or road reserve maintenance policy that governs Crown land parcels under the Department’s responsibility, specifically as it relates to SPI 2369\PP2478.
• A clear statement outlining:
o The scope of scheduled works in this area;
o The extent of vegetation management planned or performed;
o The ongoing maintenance schedule for the section of road reserve adjacent to 7 Cullen Court and 12 LeFevre Street Spotswood.
________________________________________
Given the close proximity of this Crown land to my mother's primary residence at 7 Cullen Court and her adjacent TRZ2-zoned vacant block, I believe it is both necessary and reasonable for us—as adjoining neighbours—to have direct contact with the officer or team responsible for maintaining this public land.
We are concerned that only superficial or reactive work may be undertaken, leaving broader safety and maintenance issues unresolved. Transparent communication and accountability are essential in this context.
________________________________________
Property References
For your reference, my mother’s adjacent land parcels are:
• 7 Cullen Court Spotswood
o Lot/Plan: 1\LP99994
o Lot/Plan: 1\TP644167
o Lot/Plan: 2\LP99994
________________________________________
Please contact me via the details below if any clarification is required in processing this request.
Kind Regards,
Clarke Towson
7 Cullen Court, Spotswood VIC 3015
📞 0432 359 166
✉️ clarketowson@intjbilling.com

Your reference number for the request is FOI-00039714

Monday 9th June 2025 11:23 am

Emailed Vic Map

Sent an email to the Vic Map people advising them of the multiple problems with 7 Cullen Court Spotswood 3015 and 12 LeFevre Street Spotswood 3015 on Vic Map. Hi There, I’m writing to request clarification regarding the spatial and title boundaries associated with 7 Cullen Court Spotswood 3015 and 12 LeFevre Street Spotswood 3015 on Vic Map. Upon reviewing Vic Map and related property data, I’ve identified multiple inconsistencies and overlapping identifiers that misrepresent the legal boundary extents on record. Key Observations: 7 Cullen Court as seen on Vicmap is not numbered at all for the main property block and it shows it as covering a large rectangular parcel that stretches all the way to LeFevre Street. This is incorrect. That land is occupied by 12 LeFevre Street. On the ground and in practice, 7 Cullen Court does not physically extend to 12 LeFevre Street, and 12 LeFevre Street is a separate block with a distinct street address. I also noticed that both addresses are associated with the same parcel identifiers on https://www.landata.vic.gov.au/tpc_step_redirect.aspx Specifically: Lot Plan: LP 99994 Lot Plan: TP 644167G SPI: 1\LP99994 SPI: 1\TP644167 SPI: 2\LP99994 12 LeFevre Street is not labelled independently in Vicmap and appears to be absorbed under the cadastral footprint of 7 Cullen Court, despite being physically and functionally distinct. 7 Cullen Court on Vic map is also not labelled and should have the number 7 on it. When doing a Vicmap search for 12 Le Fevre St Spotswood it incorrectly highlights my mother’s main property and her vacant block. The other issue is my mother’s vacant block (labelled as 12 on Vicmap in the screenshot below) is not numbered 12. It’s a vacant block (VOL 9329 FOL 027 Document Identification TP644167G) on a separate title which is a part of 7 Cullen Court. Could you please advise if a boundary misregistration has occurred in the Vicmap spatial data and what steps can be taken from your end to correct or spatially redefined the issue in the system so Vicmap is correct. Correcting the issue is important. What needs to be corrected and updated in Vic Map: 1. Vic Map should show 7 Cullen Court and 12 Le Fevre St address numbers. 2. Searching for 7 Cullen Court Spotswood on Vic Map should highlight 7 Cullen Court and the 7 Cullen Court vacant block. 3. The number 12 should not be labelled on the 7 Cullen Court vacant block. This should be labelled as 7 (or – given the block is a separate title does it have a distinct number different from 7 and if so what is that number? If it does have a distinct number we would like to please request that number so we can add a number sign to the vacant block as per Hobsons Bay Council Community Local Law 2015 requirements to correctly number and display that number on the property. We want to be 100% sure of the number to display so we can adhere to council policy). 4. Searching for 12 Le Fevre St Spotswood on Vic Map should highlight only 12 Le Fevre St Spotswood. 5. The number 12 should be labelled on 12 Le Fevre St Spotswood. I’m acting for my mother Faye Towson who owns 7 Cullen Court Spotswood and we would be grateful for any guidance your team can provide on how best to proceed in correcting the parcel boundary representations in this area. Please don’t hesitate to contact me if you require additional documents or property identifiers. I have attached both my mother’s titles as PDF’s to this email. Thank you for your assistance. Kind Regards, Clarke Towson

Tuesday 10th June 2025 9:30 am

Called and emailed The Hobsons Bay Council

Worded a seniour strategic planner up at The Hobsons Bay Council on the issues of the vacant block having a zoning anomaly. Provided the map, the land titles, my mothers ownership details on the rates.

Tuesday 10th June 2025 12:12 pm

Looped in the VicMap people and council

The Vic Map people and council are aware of issues with Vic Map and Council mapping. Received an email from VicMap: Hi Clarke, Thanks for bringing this issue to our attention. I can arrange to get the necessary updates done to correct the issue in Vicmap. However Hobsons Bay council also needs to update their data as they have both 12 Le Fevre St and 7 Cullen Court linked to the same parcel in their rates data (1\LP99994). As you have pointed out below, 12 Le Fevre st should be linked to 2\LP99994. Joseph, can you please ensure your rates is updated to reflect this? Thanks, Katie.

Tuesday 10th June 2025 12:46 pm

Emailed my neighbour The Department of Transport

Dear Neighbour / Department of Transport, This morning I submitted an official FOI request to your department FOI-00039737 in regards to clarifying the TRZ2 zoning on my mother’s vacant block (VOL 9329 FOL 027 Document Identification TP644167G). I have also attached the FOI request to this email so Hobsons Bay Council is aware of it as well. Strategic Planner Annie Fraser from The Hobsons Bay Council is assisting me on the matter from council side who I raised the issue with so they’re aware of the anomaly of the TRZ2 zoning of my mother’s privately owned vacant block. I realized that a few key pieces of information were missing from my FOI request which your FOI person will likely ask me for so I thought I would send those through to you here. Please see this email chain from the VicMap people and Hobsons Bay Council which has those missing details. It confirms my mother’s ownership of the vacant block via her rates notice from Hobsons Bay Council. I have also attached the rates notice. This is important proof to prove my mother is indeed the private owner of the TRZ2 zoned vacant block. Due to a technical issue with the land data online system and councils online system (which is currently being looked at by them as you can see below) this is the best method of proving the ownership of the block at present time. Please pass on this email internally to your FOI person and those with a need to know. Best Regards as Always, Clarke

Tuesday 10th June 2025 1:39 pm

Received an email from Hobsons Bay Council

Hi Clarke, Thank you for sending through all the information. I will send through an enquiry to our State Government rep this afternoon. It usually takes about a week or so for us to hear back from them as they manage all of north-west Melbourne. I will put a reminder in my calendar to check in at the end of next week. The State Government should be able to inform us of the formal process for the rezoning. If it is Council’s responsibility for the rezoning, I warn that it could take a couple of years for an anomalies amendment to be completed but we will ensure your mother’s property is included on the next list of anomalies. Kind regards, Annie Fraser Strategic Planner Strategy, Economy and Sustainability T: 9932 1085

Saturday 14th June 2025 7:45 am

Emailed The Department of Transport

Dear Neighbour / Department of Transport, I’m just following up with you to see how my logged job regarding you cutting back your over grown and encroaching tree branches and weeds on my mother’s TRZ2 zoned land at 7 Cullen Court Spotswood is progressing in your system? Do have you an estimated date for me when the works will begin? I received a text message from you 10 days ago but I am yet to see any works begin by your contractor. At present time we’re unable to effectively utilize my mother’s TRZ2 zoned block until your encroaching tree branches are cut back and weeds removed from the fence line. This safety issue is obstructing me from completing work on my mother’s new flower garden which has an amazing selection of over 48 beautiful Australian native flowers ready to go with another 48 beautiful Australian native flowers about to be ordered. It’s also inhibiting my lawful use of the land as a transport corridor which is my right under the law given the lands TRZ2 zoning. My independent research has revealed that my mother owns the only unencumbered, privately owned and privately maintained TRZ2 zoned block of land in the entire Hobsons Bay municipality. Given its strategically important location adjacent to one of the states most critical transport corridors (The West Gate Freeway) we consider The Department of Transport as both a valued neighbour and a legal peer under the TRZ2 zoning laws and we would like to maintain our privately owned transport corridor to the highest standards we possibly can under both The Planning and Environment Act 1987 (Vic) and The Road Management Act 2004 (Vic) and we trust you feel the same. Any update you could give me would be very much appreciated as always 😊 Kind Regards, Your Dear Neighbour Clarke

Saturday 14th June 2025 7:21 pm

Emailed John Holland

Hi Melissa, I hope all is well with you 😊 Thanks again for the detailed map you sent me recently it was extremely helpful in some of my research work when looking closely at the boundaries and responsibilities of each stakeholder. I’m writing to follow up regarding the temporary fencing and large orange bollards currently located adjacent to 7 Cullen Court Spotswood vacant block (at the rear of 641 Melbourne Road). I’m wondering whether these installations are still required for ongoing works or whether arrangements can now be made for their removal? As you know my mother owns the privately held small vacant block at the front side of 7 Cullen Court which is on a separate title to her main house block (numbered 12 on Vic Map). I have recently undertaken beautification works on the site including removing weeds from the fence and planting a diverse selection of over 48 Australian native flowers in garden carts as part of an ongoing landscaping and corridor improvement project. In reviewing the legal framework for TRZ2 land I have come to fully understand that my mother’s vacant block is zoned with the same legal transport corridor classification as that held by the Department of Transport in both the road reserve and at 641 Melbourne Road. As such, we are considered a peer stakeholder under Clause 36.02 of the Victorian Planning Provisions and it gives us rights we didn’t know we had as a fellow transport corridor owner. Given this status as a transport corridor owner, we’re hoping to now move toward restoring clear, full unobstructed access to the block especially from the road and completing further enhancements to support the vacant blocks function within the transport corridor both visually and practically. Whilst your temporary fencing and bollards are not in our way at all they are an item of interest for me as I’m currently working with The Department of Transport on a number of matters tied to maintenance and vegetation management in their reserve and surrounds. I’ve attached a recent photo below for reference. Would you be able to let me know whether your temporary fencing and bollards are still required, and if not, whether they could be scheduled for safe removal soon? We’re looking forward to seeing the tunnel open it’s a great project for Melbourne! Best Regards, Clarke

Thursday 20th June 2025 7:28 am

Emailed Melbourne Water

Dear Melbourne Water Asset Services, I am writing to request an investigation into Melbourne Water drainage assets located on my mother’s privately owned property at 7 Cullen Court, Spotswood (VOL 9329 FOL 027). This property abuts Crown land (SPI 2369\PP2478), which is under the control of the Department of Transport and Planning. The main house block (VOL 9316 FOL 152) also contains a Melbourne Water asset (Instrument B431864) which is a spoon drain which is blocked due to years of neglect by The Department of Transport. As a responsible land owner I would like to clean out this spoon drain in order to prevent overland flooding but at present time due to The Department of Transports neglect of their Crown land I am unable to do so. Background:

• A visible Melbourne Water stormwater drain exists at the fence line between my mother’s vacant block at the front of 7 Cullen Court and the West Gate Freeway Road Reserve.
• This drain is both partially and fully obstructed due to overgrown vegetation and soil build-up on the Department of Transport controlled Crown land.
• My dear neighbour The Department of Transport has unfortunately failed to perform adequate maintenance for the past almost 10 years, allowing weed infestations and tree growth to encroach significantly over the boundary and affect our land and the flow of stormwater.
• My mother’s vacant block is zoned TRZ2 – Transport Zone 2, placing it under the same planning designation as the adjacent freeway reserve land controlled by the Department of Transport. It’s classified as a transport corridor under the law. I act as her legal representative in managing and protecting the site.
Request:
I respectfully ask Melbourne Water to:
1. Verify the presence and condition of the Melbourne Water assets (drains, pipes, culverts) on the 7 Cullen Court vacant block and main house block and within the Department of Transport road reserve. I have attached title plans for you interest.
2. Determine the encroaching vegetation and lack of maintenance by the Department of Transport which has caused:
o Drainage obstruction
o Asset degradation
o Water overflow and localised flooding (twice in 2 years).
3. Issue a maintenance directive and formal intervention notice to the Department of Transport under your relevant statutory powers once you confirm the obstruction.
Supporting Documentation:
I have documented the condition of the fence line, encroaching vegetation, and general state of the Crown land adjacent to our parcel with photos, videos, and live monitoring. I am also happy to provide maps, zoning overlays, and VicMap data on request. I maintain a web page about it which you can see here: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html
I have attached a video of the April 2025 substantial water leak from The Department of Transport land which flowed over my mothers vacant block and into your Melbourne Water drain easement on the land. My understanding is that the water installation is controlled by their tenant John Holland Corporation. John Holland has two (2) such installations within the West Gate Freeway Road Reserve and both of them have had substantial leaks over the past 2 years. I calculated based on the water flow rate that over 1 million litres of water was wasted by the leaks with a substantial amount flooding over my mothers vacant block and into your drainage asset located on her land. It was only sheer luck that the asset was not fully blocked and was able to take such a substantial flow of water in such a short timeframe.
After the last leak I took substantial actions to do what I could to clean your drainage asset including removing weed growth on my side of the land and restoring full and unobstructed access for your maintenance people to your water assets but I could not clean the other side as that side of the fence is under the control of The Department of Transport. I also purchased lifting tools so I could in an emergency remove the drain cover and remove any blockage given the danger such a blockage would cause (it would flood into my garage). I have the tools in my garage should the situation occur again.
Please do not hesitate to contact me for a site visit or further clarification. I would also appreciate being advised of any outcomes, proposed actions, or referrals arising from this request.
I have a logged job with The Department of Transport for them to please clean up their land to remove these risks but at present time no such land clean-up has commenced. I am hoping that said clean up will occur with priority given the risks. As a responsible land owner I feel it’s my duty to report the issues to you so you can determine your own best course of action on the matter.
Thank you for your attention to this matter.
Kind Regards,
Clarke Towson

Thursday 19th June 2025 6:30 pm

Emailed John Holland & The Department of Transport

Dear Neighbours, I noticed last night whilst doing maintenance work on my mother’s vacant block that you have unlocked gates being held together by a piece of rusty wire. This enables easy access to both The West Gate Freeway Road Reserve and to 641 Melbourne Road Spotswood. I would suggest locking the gates due to the security problems I have noted recently with people intruding into both The West Gate Freeway Road Reserve and 641 Melbourne Road at all hours of the day and night. Whilst I would love nothing better than to walk in there myself and clear the weeds from the boundary fence I share with The Department of Transport I thought I would restrain myself, do the right thing and alert you to this security issue. Best Regards as Always, Clarke

Friday 20th June 2025 11:29 am

Emailed received from The Department of Transport

Good morning Clarke, Land and Property do not manage the land in this area and are unable to assist you with your queries, however we note that you have been in contact with other areas within the department who should be able to assist. Thank you Michelle Transport Property I Planning and Land Services Department of Transport and Planning landandproperty@transport.vic.gov.au

Friday 20th June 2025 12:06 pm

Emailed sent to The Department of Transport

Good morning Michelle, This is nice to know and I have now noted it. But unfortunately The Department of Transport wont give me the direct contact details of the people within The Department of Transport who actually do manage the property and calling your public phone number results in being told one and one option only: please email LandandProperty landandproperty@transport.vic.gov.au Please may I request that given The Department of Transport won’t give me the contact details I need that you personally please pass on my email below to those within The Department of Transport who actually are responsible for managing the property as I have no way to contact them other than to file freedom of information requests of which I have had to file 3 so far at my expense just in order to have the department communicate with me. The ombudsman is also across all this and the ombudsman has advised me to please call them back on the 23rd June if The Department of Transport continues to deny me the contact details of the people who manage the land. The whole situation is rather absurd and is reaching a point where I will have to reach out to Sonya Kilkenny the Minister for Planning so she can step in and resolve the situation. Kind Regards, Clarke

Friday 20th June 2025 12:39 pm

Emailed received from The Department of Transport

Good afternoon Clarke, We do not have contact details of the person/s managing this area, however noted that you had copied cpbjh@wgtp.com.au in your emails therefore we assume that they have made initial contact with you and would be able to assist you with any further queries. Thank you Michelle Transport Property I Planning and Land Services Department of Transport and Planning landandproperty@transport.vic.gov.au

Friday 20th June 2025 5:24 pm

Emailed The Hon. Sonya Kilkenny, Minister for Planning

Summary:

After over three months of respectful engagement attempts with the Department of Transport — including three FOI requests, multiple emails, phone calls, and even alerting them to serious water leaks, security risks, and vegetation encroachments — I have been denied access to the contact details of any individual responsible for managing the Crown land adjoining my mother’s TRZ2-zoned property.

The Department of Transport’s responses have been:

Circular and evasive

Disconnected from operational responsibility

In direct conflict with my legal rights as a transport corridor landowner and immediate neighbour

I am managing a site strategically zoned as TRZ2 and taking all reasonable steps to:

Maintain lawful boundaries

Prevent stormwater damage

Beautify and activate the corridor in accordance with its zoning

Alert authorities to legitimate safety and infrastructure issues

The final trigger was receiving a reply from The Department of Transport confirming they don't even know who manages the land, effectively proving governance failure. Given the risk of flooding, legal liability, and lack of departmental accountability, I had no choice but to escalate the matter to the Planning Minister.

My email to the Minister includes:

A clear timeline of engagement attempts with The Department of Transport

Incredible evidence of neglect

Zoning and legal inconsistencies on my mothers TRZ2 zoned transport corridor

A reasonable, multi point request for ministerial intervention to pull The Department of Transport into line

This escalation was done in good faith, and with full transparency, as a final measure to protect the property, uphold planning integrity and resolve an issue that has been deliberately avoided by departmental actors.

Sunday 22nd June 2025 5:13 pm

Emailed John Holland cpbjh@wgtp.com.au

Hi Melissa, I submitted a report to Vic Roads about the No U Turn sign which has been removed on Melbourne Road. They sent me the reply below asking for me to contact The West Gate Tunnel Project to report the issue. I wasn’t 100% sure if the sign was removed by your contractors to make it easier to get into your compound at 641 Melbourne Road or if someone simply vandalized it but you might like to note it and if it was your contractors who removed it to work with Vic Roads on replacing it as you finish up work on the tunnel project. It’s a rather important sign which locals pushed to have installed. The sign was put there as motorists were causing quite the nuisance doing U turns on Melbourne Road at the lights which were holding up traffic turning onto and up The Avenue. Kind Regards, Clarke From: VicRoads.Enquiry_Tracker@roads.vic.gov.au Sent: Thursday, 19 June 2025 1:46 PM To: clarketowson@intjbilling.com Subject: Re: VicRoads Enquiry Ref No. 503448877 Hello Clarke, Thank you for your enquiry regarding your suggestion for more traffic lights at the intersection of Melbourne road and The Avenue, as well as a no U Turn sign that you state has been removed by West Gate Tunnel Project (WGTP). Your reference number is 503448877. As you may appreciate, Transport Victoria receive many requests each year for improvements to the road network throughout Victoria. All requests are prioritised based on the extent to which such a treatment would improve safety and congestion at the intersection. We consider factors such as the need to cater for pedestrians, the historical safety record of the site, the impact that treating the intersection would have on the performance of the surrounding road network and the implementation costs. Improving safety and efficiency on our roads is of the utmost importance and suggestions that may help achieve these outcomes are particularly welcomed and carefully considered. Any improvement proposals for this location, will be considered under a future program based on the above criteria. In the meantime, Transport Victoria will continue to monitor Safety at this location. Regarding the No U Turn sign, please contact West Gate Tunnel Project via info@wgta.vic.gov.au to report this issue. We appreciate you bringing this matter to our attention, and we hope this assists with your enquiry. Please do not reply to this email, replies to this email are routed to an unmonitored mailbox. Should you have any further enquiries please do not hesitate to contact us again. If you have any questions, please go to https://transport.vic.gov.au/Contact-us or you may prefer to call us on 133 778. Kind Regards, Judd Customer Resolutions Officer Communications and Customer Experience Transport Victoria www.transport.vic.gov.au

Monday 23rd June 2025 8:04 am

Emailed received from John Holland

Hi Clarke, Thanks for alerting us to the ‘No U-turn’ sign on Melbourne Road. I will need to check with our construction and traffic teams to check in about this sign. Ahead of taking this enquiry to the team, could I please ask for some more details around the exact location of this sign. The WGTP team are currently preparing to carry our final signage and defect work on Williamstown Road and Melbourne Road in the coming weeks. I will check with them about this sign and get back in touch with you. Kind regards, Melissa West Gate Tunnel Project Community and Stakeholder Relations Team

Monday 23rd June 2025 8:04 am

Emailed John Holland

Sent Melissa the exact location of the sign photos Hi Melissa, Thanks for that much appreciated as always. The sign has been there since at least 2017 up to around 2023 and must have been removed some time between 2023 and 2024. Best Regards, Clarke

Monday 23rd June 2025 8:04 am

Email received from John Holland

Hi Clarke, Thanks for passing this on to me. I will need to check with the team who looks after this area. I will raise with them that a piece of wire is not sufficient to secure the area. I am aware that this gate is used by a variety of teams but will need to check if there is a better way to secure the area and ensure all teams have access. Kind regards, Melissa West Gate Tunnel Project Community and Stakeholder Relations Team

Monday 23rd June 2025 8:27 am

Email sent to John Holland

Thanks Melissa much appreciated as always 😊 The Department of Transport won’t give me the contact details of who actually manages the road reserve. I have had to an FOI request to obtain the details which is still in progress. I have attached the FOI request to this email for your interest. You might like to pass it on to whoever your contact is at The Department of Transport. Due to The Department of Transport’s lack of maintenance and general incompetence in managing the road reserve I have had to go directly to the planning minister The Hon. Soyna Kilkenny who is now across the maintenance issues with the reserve. It amazes me that the department wont give me the contact details of their maintenance manager for the reserve. They don’t even know internally who is responsible for it and they have told me as such. I couldn’t make it up if I tried! To John Holland and your credit it’s been much easier dealing with you as the tenant of 641 Melbourne Rd than The Department of Transport who is the actual owner and manager of that land and the reserve. Kind Regards, Clarke

Monday 23rd June 2025 10:00 am

Called The Victorian Ombudsman back as requested

I was advised to call the Ombudsman back this morning if the Dept of Transport had still not communicated with me. I called back. Amanda was in a meeting. I took the opportunity to update her via email. I was advised by the phone handler to please call back in 7 days time about the matter. Dear Amanda, Thank you for your advice you passed on via your phone person this morning very much appreciated. I will as advised wait until next Monday to call you back in regards to the case. Passed on the below email to the ombudsman with the FOI requests I submitted to the Dept of Transport and some of the requests I emailed The Hon Sonya Klkenny The Planning Minister: I thought I would take the opportunity to provide you with a brief update on how things have progressed so far from my perspective. On the 4th June I received this text message from The Department of Transport: So far the Department of Transport has had 12 business days but as yet has not sent a clean-up crew out to resolve the problems with their Crown land road reserve nor to cut back their large over encroaching tree branches onto my mother’s land nor to address the security problems I flagged with them about the open access to the road reserve via their unlocked gates. I have continued to update my accountability log on my webpage about the issues which I have pasted below. In addition I have filed 3 FOI requests with The Department of Transport which I have attached to this email for your interest. I have also reached out directly to The Hon. Sonya Kilkenny The Planning Minister in regards to the issues I’m experiencing with The Department of Transport due to their inability to effectively govern their transport corridor nor communicate with me so the Planning Minister herself is now across this. Here is a summary of my request which I made directly to the planning minister The Hon. Sonya Kilkenny: --- Given the Department of Transports inability to effectively govern its own transport corridor land or communicate transparently with me as their neighbour, I respectfully request your office: 1. Intervene to determine which entity, division or group within the Department of Transport is responsible for this Crown land (SPI 2369\PP2478) specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood. 2. Direct the Department of Transport to commence immediate remediation of the boundary and drainage obstructions, clean up their land so I can clean out our spoon drain and prevent overland flooding onto my mother’s land and resolve the safety issues of their dangerously overgrown encroaching tree branches onto my mother’s vacant block which you can see in this video: https://www.youtube.com/watch?v=bH6hg7UirR4 3. Review the planning implications of my mother privately owning and controlling a TRZ2-zoned block (principal road network) in the first place. I have reason to suspect that the TRZ2 zoning may be Ultra Vires under law because I suspect that it violates Ministerial Directive The Form and Content of Planning Schemes specifically section 23 “A planning scheme may only include land in a Transport Zone if the land is Crown land, or is owned by, vested in or controlled by a Minister, government department, public authority or municipal council or with the written consent of the Head, Transport for Victoria.” I have reason to suspect based on my independent research that no such written consent exists and I have filed an FOI request with The Department of Transport to find out. 4. Direct The Department of Transport to remove the boundary obstructions which are causing us not to be able to utilize my mother’s vacant block under the law as it currently stands which is our right under TRZ2 zoning as a transport corridor owner due to The Department of Transports neglect with their own transport corridor (the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood). 5. Ensure that direct contact can be made by me with the correct people inside The Department of Transport who are responsible for managing SPI 2369\PP2478 specifically the section of land forming the West Gate Freeway Road Reserve adjacent to 7 Cullen Court Spotswood and 12 LeFevre Street Spotswood, bypassing the broken generic email and phone loops. As the neighbour it is reasonable and appropriate that I have my neighbours direct contact details for maintenance requests. That is the public servant(s) who are responsible and accountable for sending out the maintenance and clean-up crews.

Tuesday 24th June 2025 12:55 pm

Email received from Melbourne Water

Good Afternoon Clarke, Thank you for your enquiry regarding the property at 7 Cullen Court, Spotswood. Melbourne Water have assessed the area in question as well as the information you have provided in your email, and we wish to advise that there are no assets that Melbourne Water currently own running in the easements noted in the titles you provided. Please be advised that while Melbourne Water did used to be referred to as the Melbourne Metropolitan Board of Works, this entity broke up in the 1990's and became what are effectively now Melbourne Water and the three water retailers that service the Greater Melbourne Metropolitan Area: Greater Western Water, South East Water and Yarra Valley Water. Part of this involved transferring ownership of MMBW assets to these entities depending of the services they provide. According to our systems, the active assets that are running through the easements are now under the ownership of Greater Western Water as they are the responsible authority for residential and commercial water and sewerage assets. In regards to your query relating to the vegetation and the maintenance of these assets, we recommend referring this to Greater Western Water to see if they may be able to assist. Greater Western Water contact@gww.com.au 134 499 Should you have any questions concerning this letter or would like to discuss this resolution please contact Tristan Aldridge on 131772. Regards, Tristan Aldridge | Customer Complaints Coordinator | Melbourne Water T: 131 722 | 990 Latrobe Street, Docklands, 3008 | PO Box 4342 Melbourne VIC 3001

Tuesday 24th June 2025 2:22 pm

Sent email to Greater Western Water

Dear Greater Western Water Asset Services, Please see my email below. Melbourne Water have advised me that it is you at Greater Western Water that I need to contact in regards to my enquiry. Below is the email from Melbourne Water and below that is my original enquiry. If you could please look into this important matter that would be very much appreciated. Kind Regards, Clarke Dear Melbourne Water Asset Services, I am writing to request an investigation into Melbourne Water drainage assets located on my mother’s privately owned property at 7 Cullen Court, Spotswood (VOL 9329 FOL 027). This property abuts Crown land (SPI 2369\PP2478), which is under the control of the Department of Transport and Planning. The main house block (VOL 9316 FOL 152) also contains a Melbourne Water asset (Instrument B431864) which is a spoon drain which is blocked due to years of neglect by The Department of Transport. As a responsible land owner I would like to clean out this spoon drain in order to prevent overland flooding but at present time due to The Department of Transports neglect of their Crown land I am unable to do so. Background: • A visible Melbourne Water stormwater drain exists at the fence line between my mother’s vacant block at the front of 7 Cullen Court and the West Gate Freeway Road Reserve. • This drain is both partially and fully obstructed due to overgrown vegetation and soil build-up on the Department of Transport controlled Crown land. • My dear neighbour The Department of Transport has unfortunately failed to perform adequate maintenance for the past almost 10 years, allowing weed infestations and tree growth to encroach significantly over the boundary and affect our land and the flow of stormwater. • My mother’s vacant block is zoned TRZ2 – Transport Zone 2, placing it under the same planning designation as the adjacent freeway reserve land controlled by the Department of Transport. It’s classified as a transport corridor under the law. I act as her legal representative in managing and protecting the site. Request: I respectfully ask Melbourne Water to: 1. Verify the presence and condition of the Melbourne Water assets (drains, pipes, culverts) on the 7 Cullen Court vacant block and main house block and within the Department of Transport road reserve. I have attached title plans for you interest. 2. Determine the encroaching vegetation and lack of maintenance by the Department of Transport which has caused: o Drainage obstruction o Asset degradation o Water overflow and localised flooding (twice in 2 years). 3. Issue a maintenance directive and formal intervention notice to the Department of Transport under your relevant statutory powers once you confirm the obstruction. Supporting Documentation: I have documented the condition of the fence line, encroaching vegetation, and general state of the Crown land adjacent to our parcel with photos, videos, and live monitoring. I am also happy to provide maps, zoning overlays, and VicMap data on request. I maintain a web page about it which you can see here: https://intjbilling.com/7CullenCourtRoadReserveWithVideo.html I have attached a video of the April 2025 substantial water leak from The Department of Transport land which flowed over my mothers vacant block and into your Melbourne Water drain easement on the land. My understanding is that the water installation is controlled by their tenant John Holland Corporation. John Holland has two (2) such installations within the West Gate Freeway Road Reserve and both of them have had substantial leaks over the past 2 years. I calculated based on the water flow rate that over 1 million litres of water was wasted by the leaks with a substantial amount flooding over my mothers vacant block and into your drainage asset located on her land. It was only sheer luck that the asset was not fully blocked and was able to take such a substantial flow of water in such a short timeframe. After the last leak I took substantial actions to do what I could to clean your drainage asset including removing weed growth on my side of the land and restoring full and unobstructed access for your maintenance people to your water assets but I could not clean the other side as that side of the fence is under the control of The Department of Transport. I also purchased lifting tools so I could in an emergency remove the drain cover and remove any blockage given the danger such a blockage would cause (it would flood into my garage). I have the tools in my garage should the situation occur again. Please do not hesitate to contact me for a site visit or further clarification. I would also appreciate being advised of any outcomes, proposed actions, or referrals arising from this request. I have a logged job with The Department of Transport for them to please clean up their land to remove these risks but at present time no such land clean-up has commenced. I am hoping that said clean up will occur with priority given the risks. As a responsible land owner I feel it’s my duty to report the issues to you so you can determine your own best course of action on the matter. Thank you for your attention to this matter. Kind Regards, Clarke Towson

Thursday 26th June 2025 6:15 pm

Drove down Melbourne Rd - Observed The No U Turn Sign has been put back in place

Driving down Melbourne Road this evening I noted that the No U Turn Sign has been put back in place by John Holland. Excellent work getting that done so quickly after I reported the issue. Well done!

Monday 30th June 2025 8:02 am

Email received from Transport Victoria

Dear Clarke Towson

I write in response to your ongoing concerns about overgrown vegetation at the rear of your mother’s property located at 7 Cullen Court at Spotswood. Victorian Ombudsman Complaint reference C/25/9566.

Thank you for raising your concerns with Transport Victoria.

At the outset, I do apologise for the delay in responding to your concerns and for any inconvenience we may have caused.

I can confirm DTP employed a qualified arborist to conduct a site inspection to check the health and condition of the trees next to your mother’s property.

It was identified there are 5 trees in question of which 3 are found to be healthy and do not require any work. Two trees of those are considered as needing further work. For one tree the main stem is dead and for the second tree the decaying process has started.

Based on these findings, works are being scheduled to remove 2 trees from the location that are considered of high risk. The works will be completed by end of July 2025.

It is important to note, native vegetation is protected and there are limitations on what can be removed. Transport Victoria is not able to remove vegetation as part of its road maintenance activities where the vegetation is not impacting the safe use of the road.

When it comes to maintenance or the removal of vegetation within proximity of a neighbouring fence line under the Act, road authorities such as Transport Victoria only have a responsibility to maintain trees in the road reserve that impact on road users as vegetation next to neighbouring properties across the network cannot always be sustained and maintenance needs to be allocated responsibly. Transport Victoria strongly encourages landowners to make the necessary works achievable from their own property boundaries.

Should a property owner wish to remove vegetation they may also require a planning permit / permission from DEECA (Department of Energy, Environment and Climate Action), to remove any native vegetation and would be liable for any native vegetation offsets that may be required.

Transport Victoria will continue to manage the arterial road network in accordance with its Road Management Plan. We undertake regular inspections of the arterial road network to identify defects, to treat any hazards and to maintain these roads. Our highest priority for managing roads is to ensure that safety and access is maintained. This is achieved by adherence to strict inspection and response standards outlined in the Road Management Plan.

Transport Victoria appreciates you taking the time to raise your concerns about this matter.

Should you have any further questions or concerns, you are welcome to reply directly to this email or by calling 13 37 78.

A copy of this correspondence has been sent to the Victorian Ombudsman for its records.

Kind regards

Nicole Walker (She/Her)
Team Leader Customer Resolutions Roads
Communications and Customer Experience
Transport Victoria
transport.vic.gov.au

Thursday 26th June 2025 11:46 am

Emailed Nicole at Transport Victoria and CC The Ombudsman

Dear Nicole,

Thank you for your detailed response and for arranging the removal of the two high-risk trees by the end of July. I very much appreciate Transport Victoria’s attention to this important matter.

I wish to highlight an important concern regarding vegetation management along our shared boundary. As you noted, Transport Victoria encourages landowners to manage vegetation from their own property boundaries. However, some of the vegetation in question is located on Transport Victoria’s side of the fence making it physically impossible for me to clear it lawfully without your authorisation.

As you may be aware, the property at 7 Cullen Court Spotswood is privately owned and is on two separate titles. The first title is the main house block which is residential. The second title is zoned Transport Zone 2 (TRZ2), is privately owned and is actively used by my family as a private transport corridor for vehicle parking and trailer storage. The unmanaged weed overgrowth along the boundary fence directly impacts the operational safety and presentation of our privately owned transport corridor which ultimately forms part of the broader road network in the area. Specifically, the significant weed overgrowth restricts safe access for my trailers and my vehicles entering and exiting our privately owned TRZ2 zoned block and undermines the intended purpose of TRZ2 land as a functioning component of the transport network.

Vic Map screenshot: As you can see part of 7 Cullen Court is zoned TRZ2. We are a private transport corridor under the TRZ2 zoning. I have attached to this email the title plan and my mothers ownership record for your interest.

Given the above, as a privately owned transport corridor owner and peer under TRZ2 zoning, I respectfully request your assistance in resolving this matter.

I am open to the following options:

Option 1: Transport Victoria grants me written permission to access the area on your side of the fence to clear the identified weed species which I have identified with the assistance of a Hobsons Bay Council appointed arborist as Madeira Vine, Cotoneaster, Sweet Pittosporum, Mirror Bush and Evergreen Buckthorn at my own time and expense, ensuring no disturbance to native vegetation or infrastructure. Ongoing written permission would be best to enable me to enter your side of the fence on a regular basis (say twice a year) solely and exclusively for clearing these invasive weeds. As part of this written permission I request a key to your access gates which are located a few metres to the side of my mother’s TRZ2 zoned block. This will enable me to place a skip on my mother’s TRZ2 block, enter via your gates, clear the invasive weeds and place them in my skip. Key access from your gates is the only viable option with this option 1. You have a security camera in this area and your security personnel could monitor me as I work to ensure I access the boundary exclusively to clear weeds from our shared boundary fence. I would be happy to pass my contact details onto your security personnel and liaise with them in real time as I work.

Option 2: Transport Victoria arranges for the clearing of these identified invasive weed species along our shared boundary fence to support the functionality of the transport corridor and mitigate the operational impact on my mother’s adjoining TRZ2-zoned transport corridor land, at the same time as resolving the issue with the two high-risk trees your arborist has identified. Ongoing weed clearing is necessary and could be incorporated into your standard maintenance program. This option aligns well with your responsibility to maintain trees and manage vegetation in the road reserve where it impacts road users, which in this case includes ensuring clear and safe access for transport corridor operations on adjoining TRZ2 land. This option also aligns perfectly with your highest priority for managing roads ensuring that safety and access is maintained.

Option 3: If neither Option 1 nor Option 2 is considered feasible, I request formal clarification on how Transport Victoria proposes this matter can be addressed. Given it is physically impossible to achieve the necessary maintenance “from my side” while ensuring the safety and functionality of both your and my mother’s adjoining TRZ2-zoned transport corridor land, I consider a position of inaction to be unreasonable and unacceptable, as it would result in the ongoing persistence of invasive weeds impacting the transport corridor indefinitely. I look forward to your guidance on how Transport Victoria will resolve this matter in alignment with the objectives of maintaining a safe and functional transport network.

I believe resolving this matter collaboratively aligns with the objectives of both Transport Victoria and private TRZ2 landholders in maintaining clear, safe, and functional transport corridors within the broader road network.

Thank you again for your time and consideration. I look forward to your guidance on how we can address this issue constructively.

I have CC’d the ombudsman for their records for this case.

Kind Regards,

Clarke Towson

Clarke Towson, BCMS (Bachelor of Computer & Mathematical Science)
CEO
INTJ Billing

Monday 30th June 2025 1:46 pm

Email received from Nicole at Transport Victoria

Dear Clake

Thank you for your email dated today, 30 June 2025.

I appreciate your comprehensive response and for providing further clarity on the situation you and your family are experiencing.

Rest assured, I have begun liaising with the appropriate Maintenance Operations team to request their review and consideration of the options you’ve put forward.

I anticipate that I should receive an update by Tuesday, 8 July 2025. Should I receive any advice in the interim, I will be sure to let you know.

In the meantime, should you have any further questions or concerns, you are welcome to reply directly to this email or by calling 13 37 78.

I appreciate your continued patience and understanding.

A copy of this correspondence has been sent to the Victorian Ombudsman for its records.

Kind regards

Nicole Walker (She/Her)
Team Leader Customer Resolutions Roads
Communications and Customer Experience
Transport Victoria
transport.vic.gov.au