As reported in the Daily Telegraph on Tuesday, the High Court of Australia recently refused leave to hear Transport for NSW’s application to set aside the Court of Appeal’s decision in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales [2024] NSWCA 292. Following the green-light for the construction of the Western…
DetailsWhat is Compulsory Acquisition? Land acquisition is the process in which a government authority compulsorily acquires an interest in your land for a public purpose. In NSW, should the government authority have the power to compulsorily acquire an interest in your land, it must follow the strict guidelines set out in the Land Acquisition (Just…
DetailsIn the case of Haralambis v Northern Beaches Council [2022] NSWLEC 1186, the appellant, Aristidis Haralambis, appealed against the deemed refusal of Development Application No. DA2021/1719 by Northern Beaches Council. The development application sought consent for the demolition of existing structures, subdivision into lots, and construction of two new dwelling houses with swimming pools at…
DetailsPartial acquisition of property There are times when an acquisition will only involve part of a property, and if this is the case, you will be given a plan outlining the partial acquisition from the acquiring agency. This plan will include details such as an outline of the area/dimensions of the part that is being…
DetailsUnder the act, your property may be acquired by law if an agreement on the amount of compensation cannot be reached by either party. This type of acquisition will also involve working alongside the Valuer General, an officer appointed by the NSW Governor. They are independent of local/state governments and are in charge of the…
DetailsAs part of the process for acquiring your property, the organisation in charge of the process will utilise the services of an independent valuer in order to inspect and value your property. How your property is valued Your property will be inspected by an independent valuer, in order to determine the amount of compensation…
DetailsWith various diverse communities and regions, there’s no shortage of flourishing towns in NSW. It is also notable that NSW has Australia’s fastest-growing population, whereby in 2036 it may surpass nine million people. As demands for services and facilities grow, more residents face the possibility of losing their properties through compulsory acquisition. Putting Money…
Details