The Victorian Government has committed $1.8 billion for road upgrades and maintenance in the outer west to cater for the rapid population growth in Melbourne.  Click here for a link to the State Government’s Western Roads Upgrade website.

The Western Roads Upgrade includes an upgrade of the following arterial roads within five years:-

Current status of OSAR

All upgrades will be complete by the end of 2021.

VicRoads has awarded the contract for the Western Roads Upgrade.  Construction is imminent.

Timing of Compulsory Land Acquisition

In order to facilitate the Western Roads Upgrade, VicRoads has commenced its compulsorily acquisition of all or part of the properties affected by the road upgrades.  This involves the acquisition of both freehold and leasehold interests.

We recommend that you obtain legal advice before engaging with VicRoads.

Owner Issues

The Western Roads Upgrade has come to your attention in any one of a number of different ways, including the following:-

  • a personal visit by a representative of VicRoads or its contractor; or
  • VicRoads and/or Council making a media announcement in relation to the Western Roads Upgrade.

Owner

  1. Hypothetical Fact Situation – residential premises
    1. You own a residential unit situated within the alignment of one of the roads which is proposed to be upgraded.
    2. Your managing agent advises you that tenants are reluctant to commit to a new lease as they do not want to be inconvenienced by works associated with the Western Roads Upgrade. They pursue other rental options.
    3. You need the rent to meet your mortgage repayments.

How can we help?
If your situation is similar to this, we invite you to view the questions posed and the advice we are able to provide to you detailed in a further Hypothetical Fact Situation.

  1. Hypothetical Fact Situation – retail premises (existing lease)
    1. You own a retail premises situated within the alignment of one of the roads which is proposed to be upgraded.
    2. You are about to give, or have given, your Tenant the Notice of Last Date to Exercise Option pursuant to s.28(1) of the Retail Leases Act 2003 and expect:-
      1. the Tenant to exercise the option;
      2. Rental negotiations, when conducted, to be influenced by the Western Roads Upgrade (as the Tenant is likely to also be aware of the Western Roads Upgrade from similar sources to you);
      3. the Tenant to request you to grant an additional option for at least one further term.

How can we help?
If your situation is similar to this, we invite you to view the questions posed and the advice we are able to provide to you detailed in a further Hypothetical Fact Situation.

  1. Hypothetical Fact Situation – retail premises (vacant)
    1. You own a retail premises situated within the alignment of one of the roads which is proposed to be upgraded.
    2. Your premises is vacant or is about to be vacated.
    3. Your managing agent has advised that procurement of a tenant will be difficult due to the public awareness of the Western Roads Upgrade and the limited duration of the availability of the premises before acquisition.
    4. You need the rent to meet your mortgage repayments.

How can we help?
If your situation is similar to this, we invite you to view the questions posed and the advice we are able to provide to you detailed in a further Hypothetical Fact Situation.

Tenant Issues

In the last 7 years, we have acted for on the following claims by tenants for business disruption or destruction:-

  • Gymnasium at Sunshine
  • Auto products at Sunshine
  • New vehicle franchisee in Geelong
  • Retailers on Bass Coast Highway
  • Grocer at Dandenong
  • Retailer at Dandenong
  • Tailor at Dandenong
  • Restaurant & takeaway at Dandenong
  • Cafe & takeaway food in Footscray
  • Travel agent in Footscray
  • Car repairer on East West Link
  • Beauty Therapy on East West Link
  • Used car dealer in Gippsland
  • Fishing & outdoor equipment retailer in Gippsland
  • Cafe & takeaway food in Latrobe Valley

Hypothetical Fact Situation – retail premises

  1. You lease retail premises within the alignment of one of the roads which is proposed to be upgraded.
  2. You are concerned as to the potential:-
    1. Disruption and relocation of your business; or
    2. Destruction of your business.

How can we help?
If your situation is similar to this, we invite you to view the questions posed and the advice we are able to provide to you detailed in a further Hypothetical Fact Situation.
Hypothetical Fact Situation – residential premises

  1. You lease residential premises within the alignment of one of the roads which is proposed to be upgraded.
  2. You are concerned about the inconvenience and impact that OSAR will have on the general amenity and use of the premises until acquisition occurs.

How can we help?
If your situation is similar to this, we invite you to view the questions posed and the advice we are able to provide to you detailed in a further Hypothetical Fact Situation.
Given the nature of these issues, we believe it is prudent to meet with us before discussing matters with VicRoads’ representatives, which may result in us being present at future discussions with VicRoads to ensure a proper recording of all information.

Further, our experience suggests that a Landlord and Tenant should have separate legal representation.

The making of an appointment

Please make an appointment with us by telephoning one of our solicitors.

At this appointment, please bring the completed Client Information Sheet and as much of the documentation listed therein as you are able to gather together as this will aid in the giving of advice.

Make an appointment with us before you have any discussions with VicRoads.