There is no public acquisition overlay (“PAO”) affecting your property in the planning scheme but you are aware of a Public Use Proposal which may require all or part of your property.
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 PAO affecting your property into the planning scheme.
Regardless, the source of your information may be irrelevant.
Hypothetical fact situation
- Chloe owns a property on the highway.
- Chloe is formally notified that the road authority wants a strip of her property to widen the highway (“the Public Use Proposal“) and proposes to immediately amend the planning scheme to incorporate a PAO for this purpose.
An employee of the road authority arrives unannounced at Chloe’s door to discuss the proposed interchange on the highway that requires part of Chloe’s property in its “Longer-term development” strategy (“the Public Use Proposal“);
A surveyor retained by the water corporation telephones Chloe to make an appointment to meet her on the property to discuss the proposed siting of a water retarding basin on her property (“the Public Use Proposal“) and make arrangements for access for the doing of survey work;
The Minister for Planning announces the construction of a tunnel under Chloe’s property for a major transport project (“the Public Use Proposal“) by media release which Chloe sees on television that evening;
Chloe receives a letter in the mail from Council which advises her that Council has placed on public exhibition a proposed amendment to the planning scheme for the construction of a new community centre on part of her property (“the Public Use Proposal“) which, if approved, will introduce a PAO on Chloe’s property.
- Chloe is of the opinion that the Public Use Proposal is either unnecessary or could be done without requiring all or any part of her property.
- Chloe has not been advised by the Authority on the likely timing for the compulsory land acquisition for the Public Use Proposal.
- Chloe now wishes to obtain a planning permit for the development and use of her property but, before preparing and submitting her planning permit application, her town planner suggests that she explore her rights and entitlement to compensation (if any).
If your situation is similar to Chloe’s, can you answer these questions?*
- Do you know your rights and obligations which arise from these circumstances?
- What effect will the Public Use Proposal have on your proposed planning permit application?
- What happens if a PAO for the Public Use Proposal is adopted into the planning scheme?
- Are you able to argue for or against the Public Use Proposal and, if so, how is this done?
- Do you have any entitlements to compensation? If so, how is a claim for compensation triggered?
- How is a claim for compensation made?
- Do you fully understand the effect of the Public Use Proposal and any future PAO on your use and development of your property?
- Could you fully explain the effect of the Public Use Proposal and any subsequent PAO to your agent if you subsequently propose to sell your property?
* Ideally, you should not engage with the Authority until you are fully informed on these issues.
How can we help?
We can help by:-
- Identifying the precise area affected by the Public Use Proposal (if only part of your property is affected);
- Explaining the purpose of the Public Use Proposal, any future PAO and the potential timing of the compulsory land acquisition;
- Exploring the benefits in retaining professionals to assist in your consideration of the effect of the Public Use Proposal and any future PAO on your development and use of your property with the consequential implications on its market value;
- Explaining the manner in which the Public Use Proposal or any future PAO should be disclosed to a purchaser in satisfaction of your disclosure obligations if you wish to sell your property;
- Explaining the likely manner in which the purchaser and his successors will view the Public Use Proposal, any future PAO and their future compensation rights (if any);
- Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success; and
- Explaining the process to trigger and make a claim for compensation.
If you subsequently decide to sell, we refer you to a further Hypothetical Fact Situation
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.