A public acquisition overlay (“PAO”) was introduced into the planning scheme after you purchased it.

Hypothetical fact situation

  1. Ryan owns a property adjoining the railway line.
  2. After buying the property, the government department responsible for the railway procured the introduction of a PAO into the planning scheme to reserve part of Ryan’s property for a grade separation to remove the level crossing.  Ryan’s objection to this proposed amendment to the planning scheme was unsuccessful.
  3. Ryan has concerns that the impact of this PAO on the future use and development of his property may reduce its market value.
  4. Ryan now wishes to obtain a planning permit for the development and use of his property but, before preparing and submitting his planning permit application, his town planner suggests that he explore her rights and entitlement to compensation (if any).

If your situation is similar to Ryan’s, can you answer these questions?

  • Do you know your rights and obligations which arise from these circumstances?
  • What effect will the PAO have on your proposed planning permit application?
  • Do you have any entitlements to compensation?
  • What happens if the PAO is removed from the planning scheme?
  • How is a claim for compensation triggered?
  • How is a claim for compensation made?
  • Could you fully explain the effect of the PAO to your agent if you subsequently propose to sell the property?

How can we help?

We can help by:-

  1. Identifying the precise area affected by the PAO (if only part of your property is affected) and its likely effect on your planning permit application;
  2. Explaining the purpose of the PAO and the potential timing of the compulsory land acquisition;
  3. Exploring the benefits in retaining a valuer and other professionals to assist in determining the market value of your property (if relevant);
  4. Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success; and
  5. Explaining the process to trigger and make a claim for compensation.

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.