Town Planning and Compulsory Acquisition

Whether you’re a commercial developer seeking advice on statutory planning for a large scale development, or a residential landowner looking for advice on a knock-down rebuild, the legalities around town planning can be a complex area.

At MV Law, we have extensive knowledge of the requirements under the ACT Territory Plan and National Capital Plan, and can help advise you on what you can and can’t do, and the possibilities around your plans. We can also act on your behalf if you object to plans for use of land.

Compulsory acquisition is when the government has the power to acquire land from a landowner for particular uses, and this is another complex area of law. If your property is compulsorily acquired, you need to act swiftly with expert advice to ensure you take advantage of all options open to you under the relevant Commonwealth, State or Territory compulsory acquisition legislation and get all the compensation you are entitled to.

Our team of compulsory acquisition lawyers understand the nuances of the claim process and are experienced in compiling complex compensation claims. We will work with you to ensure you receive the highest compensation for what you have lost.

The MV difference

If you have a residential or commercial town planning question, we can help with expert advice and guidance on:

  • what can be developed on the block
  • what is possible for use on the land, for example residential apartments, dual occupancy
  • how to best maximise use of the property
  • how to change the use for which the property may be used, including knock down rebuild or rezoning
  • how to navigate objections from neighbours and the community.

Compulsory acquisition is already a complex area, made more difficult by the fact that the onus is on the displaced owner to put together their claim for compensation. The claim must set out the amount of compensation sought and needs to be supported by evidence. Depending on the place of acquisition, and what is acquired, there are various heads of compensation available to a displaced owner and various ways of calculating that compensation. Our team can:

  • Assist with the pre-acquisition process, including considering the validity of the proposed acquisition
  • Identify and liaise with appropriate experts, including valuers and forensic accountants, to prepare a claim for compensation with credible evidence
  • Prepare a claim for compensation and liaise with the relevant government authority to accept the claim
  • Negotiate with representatives and experts of the acquiring authority to resolve as quickly as possible any dispute about the claim for compensation or responding offer
  • Prepare applications for a court or tribunal to review an acquiring authority’s final offer of compensation.

The MV Law property legal team understands the nuances of the claim process and can help you act swiftly with expert advice to ensure you take advantage of all options open to you under the relevant Commonwealth, State or Territory compulsory acquisition legislation and get all the compensation you are entitled. We can help with:

  • Expertise in large scale compensation claims for compulsory acquisition of land and any accompanying business.
  • Experience working within the Commonwealth, NSW and ACT jurisdictions.
  • Access to a range of specialised experts to assist in the preparation of your claim.
  • Connection to Australia’s leading compulsory acquisition barristers.
  • An experienced and dedicated team that understands the emotional as well as financial damage caused by compulsory acquisition of land.
  • Plain-English advice about your rights arising under compulsory acquisition legislation, with recommendations to maximise your compensation.
  • Frank and fearless advice to you about what compensation you can claim, the strength of your evidence in support, and the likely outcome of your claim.

Be empowered through property with advice and services from our award-winning property law team.

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