You become aware of the Authority’s proposal for the use of part or the whole of the property which you lease for a public purpose which it intends to implement imminently.
Prior to this advice, you had no inkling of the Authority’s actions.
The 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 the 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 public acquisition overlay affecting the property into the planning scheme.
Hypothetical fact situation
- Lynda leases a property on the highway.
- Lynda is formally notified that the road authority wants a strip of the property to widen the highway (“the Proposal“) and proposes to immediately amend the planning scheme to incorporate a public acquisition overlay (“PAO“) for this purpose.
An employee of the road authority arrives unannounced at Lynda’s door to discuss the proposed interchange on the highway that requires part of the property in its “Longer-term development” strategy (“the Proposal“);
A surveyor retained by the water corporation telephones Lynda to make an appointment to meet her on the property to discuss the proposed siting of a water retarding basin on the property (“the Proposal“) and make arrangements for access for the doing of survey work;
The Minister for Planning announces the construction of a tunnel under the property for a major transport project (“the Proposal“) by media release which Lynda sees on television that evening;
Lynda 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 the property (“the Proposal“) which, if approved, will introduce a PAO on the property.
- Lynda is of the opinion that the Proposal is either unnecessary or could be done without requiring all or any part of the property.
- Lynda has not been advised by the Authority on the likely timing for the compulsory land acquisition for the Proposal
If your situation is similar to Lynda’s, can you answer these questions? *
- Do you know your rights and obligations which arise from these circumstances?
- What happens if a PAO for the Proposal is adopted into the planning scheme?
- Are you able to argue for or against the Proposal and, if so, how is this done?
- Do you have any entitlements to compensation?
- How is a claim for compensation made?
- Do you fully understand the effect of the Proposal and any future PAO on your use of the property?
How can we help?
We can help by:-
- Identifying the precise area affected by the Proposal (if only part of the property is affected);
- Explaining the purpose of the 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 Proposal and any future PAO on your use of the property with the consequential implications on the value of your leasehold interest.
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.