Mount Isa City Council has voted to offer tenure to adjoining landholders of existing encroachments onto Buchanan Park.
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Council said it was forced to act to protect itself from possible legal and insurance claims stemming from historical encroachments located on Council land by adjoining landowners.
At its ordinary meeting on Wednesday Council voted to offer trustee permit for three years over an area immediately adjoining landholder rear property boundaries for stabling racehorses only and associated infrastructure and the permittee must obtain all relevant building permits and final certificates within six months from the date of the permit.
The Council report said it gained trusteeship over Buchanan Park under a Deed of Grant in Trust from Mount Isa Race Club in 2004 and some of pre-existing structures and yard extensions situated on the eastern boundary from the adjoining landholders remained and include horse stables, fencing, sheds, round yards, shipping containers, general yard extensions and carports which are considered encroachments.
Council said it sent correspondence over the years to the landholders adjoining Buchanan Park requesting their encroachments be removed, "however, whilst it appears these letters were received, the encroachments remain unchanged".
All structures located on the area will now require building compliance.
The terms of the tenure will also require the owners to obtain public liability insurance and indemnify Council in their use of the encroached areas.
Where the encroachment is not in accordance with the DOGIT, which specifically allows for "Racecourse, Recreation, and Showground" Council will not issue a trustee permit and will request landowner to remove their "infrastructure and debris" from the Buchanan Park area.
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