If your land is adversely affected by an authority’s intention to require the whole or part of your land for its purposes, there is potential to claim compensation for a reduction in the value of your land even if the authority does not intend to compulsorily acquire the required part of your land in the foreseeable future.
A potential to claim compensation may arise in either of the following situations with each having requirements which must be met before such claims will be successful:-
- Appropriation of land for a public purpose in a Precinct Structure Plan such as parks, school or roads.
- Amendment (or proposed Amendment) to the Planning Scheme to apply a public acquisition overlay to your land so that part or all of your land is or will be required for a public purpose.
- Refusal of your Planning Permit Application on the basis that the whole or part of your land is or will be required for a public purpose.
- Proposal to sell land which is blighted by an authority’s intention. If you attempt to sell your land and discover that its value has been reduced due to the marketplace being aware that an authority has a future intention to require the whole or part of your land for its purposes without having sought or obtained an amendment to the Planning Scheme.
If these situations arise, you should consult us. A claim for compensation pursuant to the Planning & Environment Act is complex and requires strict adherence to all preconditions to be successful. Our Compulsory Land Acquisition team, has the requisite experience and knowledge to assist you in navigating these preconditions and across the course of your claim.