There is no public acquisition overlay (“PAO”) affecting your property in the planning scheme but the whole of part of your property has been designated for a public purpose in a Precinct Structure Plan (“PSP”).
Hypothetical fact situation
- David owns property in an area zoned for future urban development.
- Since David bought the property, the PSP has been adopted into the planning scheme in which part of his property has been designated as “District Park” and another part as “State Primary School”.
- There is no PAO or other formal reservation for either of these public purpose designation areas.
- David 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 David’s, can you answer these questions?*
- Do you know your rights and obligations which arise from these circumstances?
- What effect will the PSP have on your proposed planning permit application?
- What happens if a PAO for either of the public uses is adopted into the planning scheme?
- Are you able to argue for or against the PAO 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 PSP and any future PAO on your use and development of your property?
- Could you fully explain the effect of the PSP 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 purpose designation within the PSP (if only part of your property is affected);
- Explaining the purpose of the public purpose designation within the PSP 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 purpose designation within the PSP on your development and use of your property with the consequential implications on its market value;
- Explaining the manner in which the public purpose designation within the PSP 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 purpose designation within the PSP and their future compensation rights (if any); and
- Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success.
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.