Compulsory Acquisition: 30 October 2020
The Victorian Government has now funded a Planning Scheme Amendment for the application of a Public Acquisition Overlay (PAO) to reserve land to allow for compulsory acquisitions for the Phillip Island Road Upgrade Project by Regional Roads Victoria (the Authority).
In the majority of cases, the Authority is not able to compulsorily acquire land until a PAO has been applied to the land required for the project. In order for a PAO to be applied to the land, the local planning scheme affecting the land is usually amended.
During 2015 and 2016, the Authority released four proposed plans and received feedback as to the preference for a concept design.
The Authority has recently released a revised concept design stemming from the community feedback during 2015 and 2016 and can be viewed at the following link:-
The revised concept design plan proposes the following:
The next step is for the Authority to submit a Planning Scheme Amendment to accommodate the road widening, service lane construction and associated angle parking.
Although the Project is still in the planning stage, we would be happy to discuss with you now on a free and no obligation basis the impact the Phillip Island Road Upgrade Project may have on you if the Authority are successful in applying a PAO to the properties required for the Phillip Island Road Upgrade Project in the future. We would be happy to discuss your potential rights to claim compensation and address any issues or concerns you may have about the Phillip Island Road Upgrade Project.
The compulsory acquisition process can be complex and landowners, tenants and businesses have potential rights to claim compensation.
If you would like a greater understanding of the compulsory acquisition process or the proposed PAOs, please feel free to contact us to arrange a mutually convenient time to discuss your queries.
Aitken Partners compulsory acquisition lawyers have more than two decades of combined experience in representing landowners, tenants and business owners in compulsory acquisition claims in most (if not all) of Victoria's major infrastructure projects.
If you are impacted by a proposed PAO for the Phillip Island Road Project, it is imperative you engage lawyers experienced in compulsory acquisition matters to assist you in obtaining appropriate compensation. The compulsory acquisition process is covered by a unique legislative regime which does not follow standard property and conveyancing law practices.
If you are affected (or you may be affected) by the Phillip Island Road Project, please contact Natalie O'Flynn on 03 8600 6046 to arrange a time to speak with one of our compulsory acquisition lawyers regarding the proposed design for the Phillip Island Road Upgrade Project and your potential rights to compensation if your land is ultimately compulsorily acquired for the Phillip Island Road Upgrade Project.