A JUDGE'S scathing remarks concerning the Remembrance Drive-Madden Road intersection at the sentencing of a driver involved in a fatal crash in November 2018 should now be the catalyst for real change at the site.
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That is the opinion of Ripon MP Louise Staley, and Avenue of Honour committee member Daniel Moloney who are calling for an upgrade to be prioritised at the intersection following a series of major collisions in recent years.
It comes as Regional Roads Victoria has confirmed that planning is now underway for a new roundabout at the site.
On Monday, Nasuha Nasser, 23, was sentenced to a three-year community corrections order and will be required to complete 250 hours of unpaid community work. She was disqualified from driving for 18-months.
Nasser pleaded guilty to dangerous driving causing death and two counts of dangerous driving causing serious injury at the County Court of Victoria.
But it was Judge Gerard Mullaly's comments regarding the state of the road that have been seen as the most important in the long running saga to get a roundabout at the site. Judge Mullaly found the design of the intersection at Madden Road and Remembrance Drive was a risk outside Nasser's control that significantly reduced her moral culpability.
He said the intersection was "notoriously dangerous" and referred to expert evidence that revealed a driver may possibly not be able to fully see the intersection when trees and the building were at the right alignment.
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"In my view the design of the intersection... made risks outside the control of the driver higher," Judge Mullally said.
Ms Staley called upon the state government to stop passing the buck onto council and fix the problem once and for all.
"Every time it gets raised, there are differences of opinion of what should happen, nothing seems to get done," Ms Staley said.
"The problem is not Remembrance Drive, it's the cross road. It's not the right solution to cut the speed on Remembrance Drive, it doesn't make it safer, the safety issue is the cross road.
"There are strong comments from the judge.
"We need to stop arguing between the council and state government about who's problem it is. The State Government should take responsibility and fix it."
Cr Moloney said there was a bad alignment coming from the west from the Burrumbeet side of the intersection.
"The conclusion from an engineering point of view is that it could be improved in the line of sight," Cr Moloney said. There are draft plans for the roundabout to go there.
"Everyone agrees there's a need for a roundabout there, unfortunately it just hasn't been funded. I'd like to see the state government fund it.
"There's also an opportunity to improve the way people come and go from Cardigan Village as well.
"It makes sense to have another entry and exit point to Cardigan Village which is something we've discussed at council a few times."
Regional Director (Western), Regional Roads Victoria Michael Bailey said early stage planning for a roundabout was underway at the site.
"After considering a range of options alongside Victoria Police, the City of Ballarat and the Avenue of Honour Committee, I'm pleased to say we are now in the early stages of planning for a new roundabout at this intersection," he said.
"The community will be kept informed as these plans and designs progress."
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