The current key Western Sydney land acquisition projects include the Aerotropolis , Austral, Leppington and Edmondson Park. Each of these locations have forced acquisition of land or easements to create infrastructure for new housing estates all across the South Western Sydney area.
In response to the State Environmental Planning Policy Precincts – Western Parkland City, land within the Camden Council and Liverpool City Council local government areas have been rezoned . The Councils and also the NSW Department of Education and Communities have commenced acquisitions within the Austral and Leppington Precincts. The acquisitions relate to full and partial acquisitions of land zoned SP2 Local Roads, SP2 Local Drainage, RE1 Local Open Space and SP2 Educational Establishment.
In December 2021, the state government rezoned the land to be acquired, and that land is showing its new zoning on the NSW Planning Portal. Land values continue to rise rapidly in and around Austral and Leppington causing concern for owners on being compensated on for the potential of their land as compared to that of their neighbours which are not affected. We are also seeing development applications within Liverpool City Council being approved subject to the land the subject of a future partial acquisition being noted within the approved subdivision plans as a separate lot. As compulsory acquisition lawyers, specialising in full and partial acquisitions, FM Legal acts against Councils such as Liverpool City Council and other acquiring authorities including NSW Department of Education and Communities . We are currently against many Councils acting for owners and developers of land, to ensure you receive full and fair compensation for the compulsory acquisition of your property. FM Legal only acts for affected landowners in seeking full compensation, we don’t ever act for the Council or other acquiring authorities in acquisitions.
The Council and other acquiring authorities can compulsorily acquire land for the purpose of public infrastructure. Whilst the government has this right under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) to acquire these interests, you as the landowner have the right to have your legal and valuation fees for this case paid. The full amount of compensation you may seek is prepared by a property valuer acting on your behalf and briefed by FM Legal which allows FM Legal’s lawyers to guide and instruct the valuer. The biggest challenge for acquisitions is to fight for a fair market value based on current evidence, which can be hard to obtain as many land sales occur with strict confidentiality clauses. Other sales of land are done by way of Options which are not actual sales but still relevant evidence. Having a legal team that is familiar with the area therefore can be crucial as having that local knowledge of sales can make all the difference.
The government is obligated to pay the costs for a lawyer, property valuer and other experts where necessary such as a town planner appointed by you to ensure you receive proper advice. These costs of your lawyer and experts are paid by the government on top of your compensation package.
Contact FM Legal today to ensure you receive full and fair compensation for your full or partial acquisition within South Western Sydney.
If you have a question get in touch with our team.