An Authority gives initial notice of its intention to compulsorily acquire the whole or part of your property.
Prior to this advice, you had no inkling of the Authority’s proposal for the use of part or the whole of your property for a public purpose (“the Public Use Proposal“).
The Public Use Proposal may have come to your attention in any one of a number of different ways, including the following:-
- a personal visit by a representative of the Authority or its contractor;
- the Minister for the Authority making a media announcement of an imminent project which affects your property; or
- you receive notification of a proposed amendment to the planning scheme which has been placed on public exhibition which, if approved by the Minister for Planning, will place a public acquisition overlay affecting your property into the planning scheme.
Hypothetical fact situation
We refer the Hypothetical Fact Situation here for the current purpose. In each example of the Public Purpose Proposals, Julie was unaware of the Authority’s intentions until so informed.
If your situation is similar to Julie’s, can you answer these questions?*
- If you are considering selling, please refer to this Hypothetical Fact Situation; and
- If you are considering making application for a planning permit for the development and use your property, please refer to this Hypothetical Fact Situation
How can we help?
We can help in the manner stated in the above Hypothetical Fact Situations.
Once you are fully informed, we are able to manage any course you wish to pursue.
The making of an appointment
Please make an appointment with us by telephoning one of our solicitors – Selina Clark (03) 9861 7731, Lauren Sullivan (03) 9861 7715 or Desmond Khoo (03) 9861 7763.
At this appointment, please bring the completed Client Information Sheet and as much of the documentation listed therein as you are able to gather as this will aid in the giving of advice.