By Kyra Gillespie
In an update to the agonising Kenilworth Avenue construction saga, Cardinia Shire say they have been able to broker a deal between the developer and the contractor, which was supposedly agreed to by all parties before Christmas.
However, over three months on, there is still no activity on the problematic road.
Council said that the stage one works, which were supposed to start in 2017, will commence “shortly” once all the requirements of the agreement have been met – but could not say when that will be.
“I know residents are frustrated, but as the report says, council has been able to broker deal between developer and the contractor,” Ranges Ward Cr Brett Owen said.
The details of said deal have not been made publicly available by the council, but the report outlines that a ‘legal dispute’ is what’s maintaining the stalemate.
The construction of the first stage of Kenilworth Avenue will extend from Brunt Road to the Princes Highway underpass and include sealing the road, kerb and channel on both sides, underground drainage, a concrete path on the south side and a shared concrete pathway on the north side.
The project, funded by council’s Officer Developer Contributions Pan, has been stalled by multiple roadblocks for a number of years.
Initially, it was a cash-related rift between the contractor and developer that hindered progress on Kenilworth Avenue.
At the time council said there was an issue “in relation to the construction of Kenilworth Avenue between the developer funding the works and the construction group undertaking the works.” That was in April last year.
Next, the Gazette uncovered that the developer, Banriar Investments, was deregistered by the Australian Securities and Investments Commission (ASIC) and its Collins Street headquarters put up for lease.
Banriar’s website has labelled the company “temporarily closed” for months, with all attempts to make contact null following the disconnection of the company’s phone numbers and directors failing to respond to messages.
Residents have been in constant communication with Gembrook MP Brad Battin, venting their frustrations with the incessant delays.
“Council needs to place the construction of Kenilworth Avenue as their top priority,” Mr Battin said.
“Residents contact me regularly with the continual dangerous condition of the road and regular motor accidents that occur.”
Mr Battin believes council should cut out the middle man and construct the road themselves, saying “this is simply not good enough.
“Despite the Council having to fund fortnight grading of the road they should fund the construction of the road immediately before another serious accident occurs.
“If they can find money to re-seal a residential road in an acceptable condition I am sure they can find the money to construct a busy thoroughfare that is a safety hazard for the community. Council must act now.”
Ratepayers, tired of being strung along, are mobilising around the issue.
“It’s the worst road in Beaconsfield,” one resident said on Facebook.
“They started sealing in late 2017, stopped in early 2018 and its been untouched since except grading,” another wrote.
Another resident raised concern about the danger of dust inhalation along the unsealed road.
“There is silica dust in the air and there are legal limits to how much is allowed to he airborne in residential areas… it’s a massive health hazard to the kids,” they said.
“Over half a million was approved for the road to be started and that I would see machinery over the next few weeks… That was three months ago.”
Cardinia Shire council’s Acting General Manager for Assets and Services, Debbie Tyson, said council officers “have been working with both parties to negotiate an agreement on behalf of the community to see works recommence.”
“In December 2018, both parties reached an agreed way forward. Following the long but necessary negotiation process, council is pleased that a resolution has been reached to progress the construction works to meet the needs of our community,” Ms Tyson said.
“While council is unable to disclose the detailed particulars of the agreement, several compromises have been made between the parties to enable progress, while still providing security and confidence to all involved.
“Under the agreement, there a number of steps to be taken before works can recommence. Council continues to liaise with both parties to see the agreement is enacted in a timely manner. Once more detail is known, Council will be pleased to provide this information to our community.
“In the meantime, Council has taken over the maintenance program for Kenilworth Avenue and the current maintenance program has been tailored to deliver a higher standard than that provided prior to the construction works commencing.”
