Council has discontinued a proposed Public Acquisition Overlay following months of opposition from affected homeowners and a petition attracting 1,690 signatures.
Manningham Council has voted to abandon a proposal that could have led to the compulsory acquisition of seven residential properties in Doncaster East, Doncaster and Bulleen to create or expand public parks.
At its 27 October meeting, six councillors voted to discontinue Planning Scheme Amendment C141mann, with one voting against and one abstaining. Cr Geoff Gough was absent.
The decision followed months of opposition from affected homeowners, including a petition with 1,690 signatures against the proposed acquisition of three Doncaster East properties.
What was Amendment C141mann?
Amendment C141mann was a Manningham Council initiative to apply a Public Acquisition Overlay (PAO) to seven privately owned properties.
A PAO is a planning control that identifies land for possible future acquisition for public purposes. It can restrict certain development on affected properties and allows for the possibility of compulsory acquisition.
The proposal arose from Council's Manningham Open Space Strategy 2014, which aims to provide residents with access to suitable public open space within 400 metres of their homes, including parks of at least 2,000 square metres.
Council argued that additional parkland was needed in areas experiencing increased housing density. The Victorian Government's target of 28,500 additional dwellings in Manningham by 2051 reinforced that need, although the proposed acquisition of these particular properties was a Council initiative, not a State Government directive.
The proposed amendment would have required ministerial authorisation, public exhibition and consideration of submissions before any final decision to apply the overlay.
Seven properties identified
The proposed acquisitions covered three locations:
- Doncaster East: 47 Beverley Street, 48 Franklin Road and 48A Franklin Road, to create a new reserve south of Devon Plaza, incorporating Council-owned land at 50 Franklin Road.
- Doncaster: 11 and 13 Hanke Road, to expand Hanke Reserve, where Council had already purchased 17 Hanke Road.
- Bulleen: 1 and 2 Virginia Court, to expand Grant Olson Reserve opposite Bulleen Plaza.
Council maintained that these acquisitions would improve access to public open space in areas experiencing residential growth.
Years of planning before residents were notified
Council records show that a list of properties for future open space acquisition was endorsed in 2020.
According to Council's July report, a confidential resolution in May 2023 authorised the CEO to negotiate the acquisition of 13 properties. Five were subsequently purchased between June 2024 and October 2025, either on the open market or through direct negotiations
In April 2026, Council identified seven remaining properties for the proposed overlay. The affected homeowners were notified the following month.
In an investigation published on 6 August, The Age reported that residents had received six-paragraph letters by registered post informing them of the proposal.
The timing raised questions among homeowners about why they had not been informed earlier.
Residents speak out
The proposed acquisitions attracted coverage in both The Age and the Herald Sun, with residents describing the uncertainty and distress caused by the prospect of losing their homes.
The Age reported on Marija Kustura, who had lived in the Doncaster East home she built for 26 years. She had planned to renovate it to accommodate her ageing parents but put those plans on hold after learning of Council's proposal.
Ms Kustura also questioned a $50,000 decrease in the valuation shown on her Council rates notice. Council explained that valuations for compulsory acquisition were undertaken independently and differed from those used to determine rates.
Another homeowner in Doncaster, identified by The Age as Kirpal, said his family had been considering redeveloping their property to accommodate several generations.
The Herald Sun reported on 83-year-old Barbra Noisette, who had moved into her single-storey unit at 48 Franklin Road following her husband's death 13 years earlier.
Speaking at Council's October meeting, Ms Noisette explained that she had chosen the home because it was close to family, friends and essential services.
“For a widow at my stage of life, losing my home means far more than just a change of address — it impacts my health, my happiness and my security into the future,” she said, as reported by the Herald Sun.
Residents of 47 Beverley Street also raised concerns about the potential loss of specially modified accommodation for a family member with significant health and mobility needs.
Council defers decision in July
At its 28 July meeting, Council considered an officer recommendation to seek authorisation from the Minister for Planning to commence Amendment C141mann.
Officers proposed funding the acquisitions through Council's Resort and Recreation Reserve Fund, which receives developer contributions for public open space. The fund held just over $8 million at the end of the 2024–25 financial year.
Acquisitions could have been staged over 10 years, or potentially extended to 20 years to accommodate homeowners' circumstances.
However, councillors unanimously deferred the matter until October to allow further review of the proposed properties.
The July discussion was covered in Manningham Life's Council meeting report by journalism interns Yiping Chang and Jiayuan Liang.
Council reverses course in October
When the proposal returned to Council on 27 October, officers reported that further investigations had not identified grounds to remove any of the seven properties from the amendment.
During public question time, residents again questioned the acquisitions, including whether alternative sites had been adequately considered.
A petition containing 1,690 signatures opposing the acquisition of the three Doncaster East properties was also tabled.
Deputy Mayor Cr Deirdre Diamante subsequently moved an alternative motion, seconded by Cr Laura Mayne, to discontinue Amendment C141mann.
Cr Diamante questioned whether the proposal was consistent with Council's policies supporting healthy ageing and disability inclusion, particularly for residents who relied on nearby services and amenities.
Cr Mayne also questioned the justification for compulsory acquisition, telling the meeting that Council needed to recognise alternative approaches to securing public open space.
Cr Isabella Eltaha raised concerns about removing established homes during a housing shortage.
However, Cr Carli Lange opposed discontinuing the amendment, arguing that its strategic justification should be tested through an independent planning panel.
Cr Anna Chen also raised concerns about future open space provision and abstained from voting.
The motion was carried with six councillors voting in favour: Mayor Jim Grivas and Crs Deirdre Diamante, Peter Bain, Andrew Conlon, Isabella Eltaha and Laura Mayne.
Cr Carli Lange voted against the motion, while Cr Anna Chen abstained. Cr Geoff Gough was absent from the meeting.
The decision was greeted with applause from residents attending the meeting.
Following the vote, Ms Noisette's son Andrew told the Herald Sun that his mother was delighted and relieved by the outcome.
What happens next?
Council will discontinue Amendment C141mann and notify the affected property owners.
However, it will continue pursuing land for additional public open space without applying the proposed overlay, including through open-market opportunities and direct negotiations with landowners.
The adopted resolution also refers to delegated authority for compulsory acquisition, although the practical implications of this provision remain unclear.
Council acknowledged that abandoning the amendment could mean some recommendations in its 2014 Open Space Strategy would not be achieved before a replacement strategy is adopted.
The decision brings the proposed overlay process to an end, while leaving Council to consider how best to provide additional public open space as Manningham's population grows.
