A public acquisition overlay (“PAO”) affecting your property after you purchased it

Hypothetical fact situation

  1. Kaitlyn owns a property on the highway.
  2. After buying the property the local water corporation procured the introduction of a PAO into the planning scheme to reserve part of Kaitlyn’s property for a waste water treatment plant.  Kaitlyn’s objection to this proposed amendment to the planning scheme was unsuccessful.
  3. Kaitlyn has concerns that the impact of this PAO on the future use and development of her property may reduce its market value.
  4. Kaitlyn now wishes to sell the property but, before signing a contract, she wants to explore her rights and entitlement to compensation (if any).

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

  • Do you know your rights and obligations which arise from these circumstances?
  • 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?
  • Can you fully explain the effect of the PAO to your agent?

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);
  2. Explaining the purpose of the PAO and the potential timing of the compulsory land acquisition;
  3. Explaining the benefits in retaining a valuer and other professionals to assist in determining the market value of your property to aid in negotiations;
  4. Explaining the manner in which the existence of the PAO should be disclosed to the purchaser in satisfaction of your disclosure obligations;
  5. Explaining the likely manner in which the purchaser and his successors will view the PAO and their future compensation rights (if any); and
  6. Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success.
  7. Explaining the process to trigger and make a claim for compensation.

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.