COMPULSORY ACQUISITION: Evictions versus holdouts: How to painlessly dissolve a Strata Title

No doubt some NSW Pollies have such full pockets (that their Daks are dragging down) having given their developer mates all they could wish for … not the least of the list being the NSW Strata Law changes …

The Government policies leading to the “new” Australian norm of living in fugly, high density, concrete, intensive-farming-like containers … is causing Australians to lose ACTUAL OWNERSHIP. Whilst there may be legislation for compulsory acquisitions, if you live in a STRATA situation, the current legislation means that Developers can approach an Owners Corporation to vote on whether they agree to sell the building to them.  And depending on the “deal”… the Owners may receive a fair or not fair payment.

But will any payout ever be sufficient to re-establish in the same location or better… DON’T count on it🤨

The Developer/majority Owners will control your fate, and you may well lose your location to established relationships and support services and groups.

STRATA = A LOSS OF SOVEREIGNTY AND SECURITY

FURTHER …

Such a sell-out may well mean, e.g. an elderly vulnerable resident is forced out of their home against their wishes … and with 85% of new dwellings found to be defective on completion (Engineers Aust. reports); externally clad in flammable polyethylene aluminium cladding, an additional lift levy and an inadequate sinking fund – one may get more than they wish for!  At least the 60s walk-up does not have these issues …

Evictions versus holdouts: How to painlessly dissolve a strata title

BUSINESS OWNERS FACE COMPULSORY ACQUISITION OF THEIR PROPERTIES FOR F6 EXHAUST STACK

WITH Westconnex and its tentacles there is nothing in it but grief and loss of market value for the community.

Perhaps the avenue of a class action could be explored to seek a more equitable settlement?

RELATED ARTICLES within the category of ‘Compulsory Acquisition and Land Amalgamation’:

DESANE lost in Court of Appeal but gained a $78M valuation versus the original $21.4M

A NEW AUTHORITY FOR THE WESTERN CITY

COUNTRY GARDEN PAID $69.88M FOR 364 HECTARE SITE SET TO BENEFIT FROM NEW M9 CORRIDOR BEFORE ESTABLISHED PROPERTY OWNERS WERE TOLD!

CAAN UPDATE ON COMPULSORY ACQUISITION LAWS  … S71A ADDED TO THE EXISTING LEGISLATION

MORE ABOUT THE ‘PLANNING MINISTERIAL CORPORATION’

SO, IT HAS BEGUN … THE LEGALISED THEFT OF PEOPLE’S HOMES TO ENABLE MORE DEVELOPMENT … Office of Strategic Lands …

THE OFFICE OF STRATEGIC LANDS ADMINISTERS THE FUNCTIONS OF THE CORPORATION …the Minister for Planning is incorporated as the Corporation!

COMPULSORY ACQUISITION … SYDNEY METRO ACCUSED OF UNFAIR PRESSURE TACTICS

BUSINESS OWNERS FACE COMPULSORY ACQUISITION OF THEIR PROPERTIES FOR F6 EXHAUST STACK

August 15, 2018

Barry Stanley and his family have operated the tyre outlet on West Botany Street for 31 years. Photo: Chris Lane

 

Murray Trembath

Tyre shop owner Barry Stanley, whose property is to be compulsorily acquired so an F6 exhaust stack can be built, says, “It is like someone has taken my life away from me”.

Tyrepower is one of five businesses in West Botany Street, opposite Rockdale Bicentennial Park, which will have to make way for a 10-storey ventilation outlet.

“We have been here 31 years and it’s a local landmark,” Mr Stanley said. “People know us as ‘The Irishman’s tyre garage’.

“My uncle Evan Hughes was here originally and I bought it from him.”

Mr Stanley said the first he knew of the property acquisition was when Roads and Maritime Services (RMS) officers called on the businesses.

Artist's impression of the F6 ventilation outlet on West Botany Street. Photo: RMSArtist’s impression of the F6 ventilation outlet on West Botany Street. Image: RMS

“I was told, ‘We have funding to acquire the buildings – you have got one and a half years to get out of here’,” he said.

“They said I could take it to court, but I would lose.”

Mr Stanley said it would be impossible to find a comparable property with the price RMS was likely to pay.

“We have a lot of passing traffic, easy access and good parking,” he said.

“To get a similar position, I would need to buy two properties – one for the factory and one to provide parking.

“I expect I will lose half my business by having to relocate.

“This is not like a hair salon, where you might go once every one or two months.

“Our customers may only come once a year and, when they do, they will find us gone and think we have closed altogether.”

P & C Joinery owner Peter Simpson, who has operated from West Botany Street for 20 years, is also unhappy.

“I don’t know why they need to put a ventilation stack here or even why a tunnel is needed when the road reservation has been in place for decades,” he said.

(This story originally appeared in the St George and Sutherland Shire Leader.)

DESANE lost in Court of Appeal but gained a $78M valuation versus the original $21.4M

DESPITE the Court of Appeal overturning the Supreme Court decision
in DESANE the company has entered into a contract for the sale of the Lilyfield Road, Rozelle site for $78 million to the NSW Roads and Maritime Services. 
The RMS has previously offered a mere $21.4M for the site!
ALERT for those currently being subjected to NSW Government compulsory acquisition and land amalgamation – band together for a class action for a fairer valuation!
f992b15d-14eb-4e0c-9b79-083fca7c310f

Desane Loses Legal Battle for Prime Sydney Development Site


The long-running legal stoush between residential property developer Desane and the NSW government is over, after a Court of Appeal judgment handed down on Thursday found in favour of the Roads and Maritime Services authority.

The battle to maintain ownership of the prime development site in Sydney’s Rozelle has had its twists and turns, with the developer finding favour in the NSW Supreme Court after submitting an injunction against the NSW government to prevent it from compulsorily acquiring the Rozelle site.

The Supreme Court judgment in favour of Desane cast a cloud of uncertainty over government acquisitions for major projects including the $16.8 billion Westconnex.

The dispute commenced in 2016 when the NSW Roads and Maritime Services publicly announced the strategic acquisitionof sites in Rozelle for Westconnex infrastructure, making an offer to purchase the site for $21.4 million.

Desane always maintained the site was worth $100 million-plus based on its development potential.

In a statement on Friday, Desane’s chairman John Sheehan announced that the developer had entered into a contract for the sale of the Lilyfield Road, Rozelle site for $78 million to the NSW Roads and Maritime Services.

Despite the $20 million-plus discrepancy in the price of sale for the site, Sheehan quashed any prospect of a High Court appeal, saying that further litigation is “not in the best interests of shareholders”.

“While Desane’s preference was to deliver the masterplanned mixed-use development announced to the market in 2014, shareholders can be satisfied that the sale of the property by agreement represents fair market value for the site,” Sheehan said.

Sheehan did not comment on whether the developer had received legal advice for a potential High Court appeal.

Related: NSW to Appeal Desane Compulsory Acquisition Decision

Desane argued that the government’s plans to acquire the site for parklands (pictured) were for an “ulterior” and “improper” purpose.

Desane argued that the government’s plans to acquire the site for parklands (pictured) were for an “ulterior” and “improper” purpose.

In finding in favour of the NSW Roads and Maritime authority the Court of Appeal overturned the Supreme Court judgment, allowing the appeal on all issues and dismissing a separate cross-appeal filed by Desane.The three appeal judges found that the primary judge had erred in his findings that the proposed acquisition notice was invalid, that the government’s Rail and Maritime Services did not comply with the approved form and that the RMS had “failed to state the public purpose” of the acquisition.

The Court also dismissed the Supreme Court finding that the Rail and Maritime Services intentions were actuated for an “improper purpose” in relation to acquiring the land for public space.

Desane has been ordered to pay the Road and Maritime Services’ costs.

SOURCE:  https://theurbandeveloper.com/articles/desane-loses-legal-battle-for-prime-sydney-development-site?utm_medium=email&utm_campaign=100918%20NSW&utm_content=100918%20NSW+CID_5f49bb6c9628ce4d3e11c62e15689a63&utm_source=email&utm_term=Continue%20Reading

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NSW GOVERNMENT Acquisition Powers boosted after DESANE decision overturned

WHEN one thought it could not get any worse in New South Wales … it certainly has with the Court of Appeal decision boosting the Berejiklian Government ability to compulsorily acquire property to benefit Transurban, the light rail and the Prince of Wales Hospital redevelopment …

WAS Justice delivered, or dogma, or more of the same?

An AWFUL prospect for the 165 subject to the acquisition notices like those before them robbed of the market value of their properties

State acquisition powers boosted after Desane decision overturned

The NSW government has succeeded in its appeal against a landmark decision to block it from forcibly acquiring property from a developer in Sydney’s inner west for the $16.8 billion WestConnex toll road project.

The judgment in the NSW Court of Appeal is a boost to the Berejiklian government’s ability to compulsorily buy property for major projects in Sydney worth billions of dollars such as the Parramatta light rail line and the Prince of Wales Hospital redevelopment.

The Desane property, outlined in red, at the centre of the legal tussle.
The Desane property, outlined in red, at the centre of the legal tussle.Photo: Supplied

 

It overturns a NSW Supreme Court decision in May that found Roads and Maritime Services’ plans for a 5274-square metre property in Rozelle owned by Desane were ill-defined and “may never be realised”. The case centred on the validity of a proposed acquisition notice.

In the Court of Appeal judgment handed down on Thursday, the proposed acquisition notice issued to Desane by the roads agency in May last year for the property was found not to be invalid, and nor did it have to strictly comply with an approved form.

Under plans for the final stage of WestConnex, Cabinet agreed in July 2016 to turn 10 hectares of land on the western half of the disused Rozelle Rail Yards into parkland.

 

Less than a year later, Roads and Maritime Services issued a proposed acquisition notice for Desane’s Lilyfield Road property which abuts the old rail yards.

The Supreme Court found in May that the purpose to acquire the land for open space and parkland was “ulterior to the purpose” of the acquisition notice.

An artist's impression of the parkland planned to cover the old Rozelle Rail Yards.
An artist’s impression of the parkland planned to cover the old Rozelle Rail Yards.Photo: Supplied

 

But the Court of Appeal found there was no uncertainty that Desane’s property would be used as part of a construction site and that there was “no need to identify the specific use with precision” at the time the proposed acquisition notice was issued to the property developer.

And in relation to the roads agency contemplating using the property for open space and parkland, the judgment said this was not until after the construction would be finished and “did not mean that [Roads and Maritime Services] was actuated by an improper purpose”.

The court also found that there was no requirement under the Just Terms Act 1991 for a valid acquisition notice to state the public purpose for the purchase of property.

The state’s roads authority had successfully sought to fast-track the appeal, after warning it placed in doubt about 165 existing proposed acquisition notices issued to land owners by government agencies.

Roads and Maritime Services said the judgment would be considered in detail, and added that the government “would be unable to deliver projects that benefit communities across the state” without property acquisitions.

Desane said it was disappointed by the judgment and would consider its options.

“Whatever course of action company decides has to be in the best interests of its shareholders,” Desane chairman John Sheehan said.

The property developer has been ordered to pay Roads and Maritime Services’ costs.

Matt O'Sullivan

Matt O’Sullivan is the Transport Reporter for The Sydney Morning Herald.

 

SOURCE:  https://www.smh.com.au/national/nsw/state-acquisition-powers-boosted-after-desane-decision-overturned-20180906-p50247.html

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CENTRAL COAST: Future ownership of over 1,400 parcels of Crown Land to be decided

A map of all Crown Land in the Central Coast Local Government Area shown in purple

A map of all Crown Land in the Central Coast Local Government Area shown in purple

THIS is about future ownership of more than 1400 parcels of “Crown Land”, and a development application lodged for a 160 lot subdivision (in another article) … we are witnessing a feeding frenzy over the National Estate;  everything is about value, investment and profit … to hell with the consequences!

How many old Gosford Council reserves, parks and playing fields are, in fact, in that dangerous classification of ‘Operational Land’ which allows the sell off of the land without consultation?

Also view CAAN Website category:  Compulsory Acquistion & Land Amalgamation

Future ownership of over 1,400 parcels of Crown Land to be decided

AUGUST 20, 2018

The new Crown Land Negotiation Program Committee, formed by Central Coast Council, has commenced work on the Assessment Stage of the NSW Government’s Comprehensive Crown Land Negotiation Program.

The program will determine the future ownership and management of over 1,400 parcels of Crown Land within the Central Coast LGA. It is meant to ensure NSW Crown Land is held by the most appropriate organisation, out of the State Government, Local Council or Local Aboriginal Land Council (LALC).

According to the NSW Government, its intent is to “achieve the most positive social, cultural or environmental benefits for the people of NSW”.

The Program includes voluntary, multi-party negotiations between NSW Government, Central Coast Council, Darkinjung LALC and the NSW Aboriginal Land Council.

Council’s Negotiation Program Committee consists of a Councillor from each of the five wards within the LGA, including Mayor, Jane Smith, (Chairperson), Deputy Mayor, Chris Holstein, and Councillors, Kyle MacGregor, Jillian Hogan and Lisa Matthews.

The Council resolved on July 9 that the Committee urgently meet to review the Draft Central Coast Council Principles for Claiming an Interest in Crown Land, and the first meeting of the Committee was held on July 19.

Committee members, Council staff, representatives from Darkinjung LALC, NSW Aboriginal Land Council and Department of Lands, Crown Land (DoL Crown Lands), attended an initial site visit.

Various sites of Crown Land were visited and the parties had the opportunity to express their interests in the Crown Land. Mayor Jane Smith, who took part in the site visit, said it had been very useful. “When the Crown Lands Act changed, part of those changes was that some land would be handed over to Council,’ Mayor Smith said. “The bus trip was very useful in that we went to different sites and each of the players talked about what interest they had in that land. “It gave all of us an understanding of the process and the negotiations that will have to happen.

“For instance, Council might say they have an interest in a piece of land because its use is public recreation, while Darkinjung could say they had an interest for cultural reasons, so it was really about just understanding the process and where that land might be vested.

“The size of the task is why Council identified principles to understand what Council’s interest in each parcel of land is. “I understand the community’s concerns about the legislation, I think there has been a lot of concern about that.

“We set up this committee to make sure the interests of our community are well represented by our councillors in considering this process. “Council is not coming to it with a view of having land that can be then sold off, that is not part of the conversation or thinking at all,” she said.

Under the new NSW Crown Land Management Act 2016, the Minister has the power to vest Crown Land in the Central Coast Council if it meets prescribed Local Land Criteria and with Council’s consent.

The Local Land Criteria are whether the land: provides, or has potential to provide, a public good for residents; use is, or could be, consistent with the functions of local government; and, is, or has potential to be, managed as a community asset.

The Program is using the Aboriginal Land Agreement (ALA) mechanism under the Aboriginal Land Rights Act, to reach agreement on approximately 1100 Aboriginal land rights claims that have been lodged in the Central Coast LGA.

The Program consists of four stages: Preliminary; Assessment; Negotiation; and Post Negotiation. The Central Coast Program is currently in the Assessment stage, with each party undertaking an assessment of the Crown Land in the whole area, and indicating which Crown Land they have an interest in owning and managing.

Council’s assessment will be based on its own Negotiation Principles, put forward by staff and amended by the Committee.

The Committee discussed the Councillor endorsement and approval stages of the program at its first meeting. Committee members will receive a list of all properties that Council claimed an interest in and the basis for each claim at the end of the Assessment stage, which was anticipated to be the end of August.

Then, the Crown will prepare a spreadsheet that identifies land that more than one party has claimed an interest in. Land with no or only one interested party may be retained by the Crown or vested in that party.

The land with overlapping interests will be divided up into several negotiation areas, which will then be the subject of detailed negotiations in the Negotiation phase.

The Crown spreadsheet will set out details of the proposed negotiation areas (August to September). Council endorsement will also be sought at this stage to proceed to the Negotiation Phase. However, according to the minutes of the first Committee meeting,

“The second stage for endorsement will be done using a structured approach that includes consultation with all Councillors, and does not require a formal report to Council.”

There will then be a report on the outcome of negotiations, including details of the land, or interests proposed to be vested in Council. Approval will then be required for the vesting of interests in Council at the end of the Negotiation Phase.

At this stage, further consultation will be undertaken with the Committee, with briefings for all Councillors, and a report to Council for official endorsement. Council will receive a report on progress with vesting every three months during the Post Negotiation period. “The timeframes set out in the report will need to be reassessed as the project progresses.”

Source: Agenda item 5.7, Aug 13 Central Coast Council ordinary meeting Interview, Aug 14 Jane Smith, Central Coast Council Jackie Pearson, journalist

SOURCE:   https://coastcommunitynews.com.au/central-coast/news/2018/08/future-ownership-of-over-1400-parcels-of-crown-land-to-be-decided/

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CROWN LAND ACQUISITION REQUEST PRINCIPLES FINALISED

COAST COMMUNITY NEWS:

‘Before the NSW Planning Minister decides to vest a parcel of Crown Land in the Central Coast Council, he must be certain that it meets one of three “local land criteria”. The first is that the land provides, or potentially provides a public good for residents in the LGA, or an adjacent LGA, consistent with local planning principles.’
CAAN:  * IT looks like a NSW Government/developer land grab …
Image result for norah head lighthouse

Crown Land acquisition request principles finalised
TOPICS: Council Crown Lands Lead

PHOTO:  Norah head lighthouse operates on Crown Land

AUGUST 25, 2018

The principles that will be used by Central Coast Council to decide whether or not to claim interest in parcels of Crown Land included in the NSW Government’s Crown Land Negotiation Program, have been finalised.

Before the NSW Planning Minister decides to vest a parcel of Crown Land in the Central Coast Council, he must be certain that it meets one of three “local land criteria”. The first is that the land provides, or potentially provides a public good for residents in the LGA, or an adjacent LGA, consistent with local planning principles.

The second criteria is that the land’s use is, or could be, consistent with the functions of local government. Finally, the Minister must be convinced that the land is, or could, be managed as a community asset by Council or another body.

To meet the first principle, Central Coast Councillors on the Negotiation Program Committee will be looking to declare an interest in open space and recreation land zoned RE1, including active sporting and recreation facilities, and passive parks and recreation facilities already managed by Council.

It will also be making a bid for aquatic infrastructure that it already manages, and for Crown Land required for future sporting and recreation facilities and future parks.

Another type of land the Council will express interest in during the Negotiation phase will be existing recreation pathways managed by Council that are not within public reserves, and land required for future recreational pathways. It will call for bushland and natural areas to either be vested to Council or remain in public ownership.

Likewise, it will bid for future biodiversity corridors that are in strategic planning reports. Central Coast Council will also bid to take ownership of waterways and coastal reserves that it currently manages.

It will argue for those waterways and coastal reserves that, according to Council, are required for nature conservation to remain in public ownership. In terms of land consistent with local government, Council will ask to be vested ownership of its existing operational facilities and Crown Land required for future facilities.

Cemeteries, waste facilities and holiday parks already owned, operated or managed by Council, will also be bid for by Council, along with heritage cemeteries managed by Council. It will bid for land required for future commercial enterprises or for extensions to existing enterprises. Central Coast Council will ask the Minister to vest to it existing water and sewer assets, and land required for future water and sewer infrastructure.

It will also ask to take ownership of Crown Land that falls within the drinking water catchment area. Existing road, drainage and infrastructure on Crown Lands and land required for future roads, drainage and infrastructure, including car parks, will also be subject to expressions of interest from Council.

Waterways and coastal protection infrastructure should either be vested to Central Coast Council or remain under the NSW Government’s control, according to Central Coast Council’s negotiation principles. So too should Crown Land required for future waterways and coastal protection infrastructure.

Other assets that Council will express interest in include emergency management assets and infrastructure (existing and future), and telecommunication facilities. In terms of land managed as a community asset, Council will bid for existing community facilities it uses, occupies or manages, and those occupied or managed by another organisation or reserve trust, along with land required for future community assets.

All land vested to Council should be classified as community, which means it cannot be sold. There is, however, a window of opportunity, for Council to argue for reclassification of land as operational, which would mean it could be sold via a resolution of Council.

Source: Agenda item 5.7, Aug 13 Central Coast Council ordinary meeting

SOURCE link is not included as we received a “hacker” warning. This post was prepared prior for our website!

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A NEW AUTHORITY FOR THE WESTERN CITY

The airport area

So not just one land theft authority (Metro) but two.

The new one appears not to have a name yet.

There appears to be no end to the “capture” …

Wouldn’t it be more apt to name the alleged three cities (of urban sprawl) Sydney CBD, Parramatta and Badgery’s Creek

Western Sydney Aerotropolis Land Use and Infrastructure Implementation Plan Stage 1: Initial Precincts

Copyright Notice from the document

You are required to acknowledge that the material is provided by the Department or the owner of the copyright as indicated in this Planning Report and to include this copyright notice and disclaimer in any copy. You are also required to acknowledge the author (the Department of

Planning and Environment) of the material as indicated in this Planning Report.

http://www.planning.nsw.gov.au/~/media/Files/DPE/Plans-and-policies/western-sydney-aerotropolis-stage-1-plan-08-2018.ashx

Page 25

3.3.2 A new Authority for the Western City

A new Authority will be established to coordinate development within all nine precincts of the Aerotropolis. It will ensure the development of the Aerotropolis is consistent with the vision of this Plan and will work with the

Sydney Metro Authority and the Planning Partnership to ensure the new precincts can be feasibly developed.

The new Authority will be jointly governed by the NSW and Australian governments, and will be created under NSW legislation with powers and responsibilities to:

  • acquire and consolidate land
  • plan for infrastructure provision and coordination,

including public domain and open space

  • develop government-owned land, including potential

joint ventures with private landowners

  • assist with industry/business attraction initiatives
  • liaise with WSA Co.

Page 26

3.3.3 Sydney Metro Authority

Sydney Metro is a key part of delivering the NSW Government’s Future Transport Strategy 2056 priorities.

Sydney Metro Authority will work across government to deliver a world-class metro rail system focused on customers and creating great local places.

The principal objectives of the Sydney Metro Authority are to:

  • deliver safe and reliable metro passenger services in

an efficient, effective and financially responsible manner

  • facilitate and carry out the orderly and efficient

development of land in the locality of (existing or

proposed) metro stations, depots and stabling yards.

Sydney Metro Authority will focus on the delivery of the

North–South Rail Link (Stage 1) connecting to the Airport

and the development of the land adjoining new stations,

depots and stabling yards. Sydney Metro Authority will

work closely with the new Authority on the development

and delivery of the infrastructure to assist the new Authority

in delivering the Aerotropolis.

 

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Land around Western Sydney Airport to be rezoned by 2019

“Powers to consolidate land” – the new weasel words from the NSW Liberal Party – compulsory acquisition to benefit developers via the Metro Bill.

NOTE … The development of the land is to be led by a statutory authority, which is yet to be created, as well as the Sydney Metro Authority, recently created to drive development near rail infrastructure. The proposed authority is to be given powers to consolidate land, develop government-owned land and plan for infrastructure and open space.

LAND AROUND WESTERN SYDNEY AIRPORT TO BE REZONED BY 2019

Areas for employment and residential development to the immediate north and south of the Western Sydney Airport at Badgerys Creek will start to be rezoned as early as next year.

The Department of Planning and Environment on Tuesday released an initial land-use plan for the so-called Western Sydney Aerotropolis, a region earmarked to take advantage of economic activity stimulated by the airport.

An artist’s impression of residential neighbourhoods for the Western Sydney Aerotropolis.
An artist’s impression of residential neighbourhoods for the Western Sydney Aerotropolis.

Photo: NSW government

The plan breaks the land around the 1780-hectare Western Sydney Airport site into nine precincts. It selects two of those precincts – “Aerotropolis Core” and “Northern Gateway” for immediate planning, with rezoning to be completed by the end of 2019. The development of other areas around the airport is to be staged.

Work on a third precinct, “South Creek”, which cuts through the area and is intended to be a green spine “providing open space, amenity, biodiversity and wellbeing values” is also intended to start soon.

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The Aerotropolis Core section includes a large plot owned by the federal government. The Aerotropolis Core and Northern Gateway sections are to be targeted for employment land, but will also be able to include some residential development.

The two areas are on the proposed route of a mooted north-south rail link to be built through the area.

David Borger, the Western Sydney director of the Sydney Business Chamber, welcomed the plan for providing certainty to the area.

“Within 13 months we are going to have land rezoned that can actually accommodate employment uses,” Mr Borger said.

The development of the land is to be led by a statutory authority, which is yet to be created, as well as the Sydney Metro Authority, recently created to drive development near rail infrastructure.

  • The proposed authority is to be given powers to consolidate land, develop government-owned land and plan for infrastructure and open space.

“It’s great to see the authority is going to be given broad powers, but we need to get a wriggle on to make sure the development authority is operating soon,” Mr Borgert said.

An artist’s impression of the town centre of the Aerotropolis.
An artist’s impression of the town centre of the Aerotropolis.

Photo: NSW government

The airport itself is being built be Western Sydney Airport Co, a federal government-owned corporation. By the middle of next year, WSA Co expects to award a contract to clear and level the airport site. The airport is scheduled to be operational by 2026.

In a release, the Department of Planning and Environment’s Executive Director for Western Sydney and Aerotropolis Activation, Brett Whitworth, said: “The new airport and the surrounding Aerotropolis will be a game-changer for NSW with the potential to provide up to 60,000 homes and contribute to 200,000 new jobs in Western Sydney.”

Jacob Saulwick is City Editor at The Sydney Morning Herald.

SOURCE:  https://www.smh.com.au/national/nsw/land-around-western-sydney-airport-to-be-rezoned-by-2019-20180821-p4zyul.html

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COUNTRY GARDEN PAID $69.88M FOR 364 HECTARE SITE SET TO BENEFIT FROM NEW M9 CORRIDOR BEFORE ESTABLISHED PROPERTY OWNERS WERE TOLD!

IS this a coincidence, or a case of “privileged information”?  With Country Garden ties to former disgraced MP Maguire …

Following the purchase, Country Garden made an application to the Greater Sydney Commission to build an M9 interchange

The December 15 application was made over three months before the proposed M9 route was made public, The Daily Telegraph reported.

High immigration and Visa manipulation particularly from China and Hong Kong it appears will continue to provide the client base for the high density housing

“Chinese developers pay $69.88 MILLION for a huge chunk of land from grandmother, 90, on Sydney outskirts that’s set to be used for a new freeway – before hundreds of smaller property owners were even told”

• Country Garden, listed in Hong Kong, paid Beryl Rofe and family $69.88million
• The Chinese property developer bought land to benefit from new M9 corridor
• The sale was made before homeowners were aware of the part of the new road
• Another family were told by letterbox drop that their home would be demolished
• Country Garden lobbied for an M9 interchange months before route announced

By SAM DUNCAN FOR DAILY MAIL AUSTRALIA
PUBLISHED: 5 June 2018

A Chinese property giant paid almost $70 million for land on the new M9 orbital corridor three months before the route was publicly announced.
Country Garden forked out $69.88 million to acquire six chunks of land belonging to 90-year-old Beryl Rofe and her family late last year.
The Hong Kong-listed company then made an application to the Greater Sydney Commission to build an M9 interchange on its 364 hectare site.

Country Garden forked out $69.88 million to acquire six chunks of land belonging to 90-year-old Beryl Rofe and her family last year (pictured is land on the proposed road path)

A Chinese property giant has paid almost $70 million for land on the new M9 orbital corridor, months before the route was announced (pictured are Matt and Aleena Wise, whose home is set to be demolished)

The December 15 application was made over three months before the proposed M9 route was made public, The Daily Telegraph reported.

The 200m-wide M9 Orbital Outer Sydney Orbital corridor will link growth areas in the south-west and north-west of the city with a motorway and freight rail line.
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After the proposed road path was unveiled, hundreds of rural homeowners were suddenly told they would lose their properties.

The Wise family said they were informed by letterbox drop that their 32 hectare dream home – bought in 2015 for $4.05 million – fell within the corridor and would be demolished.

The 200metre-wide M9 Orbital Outer Sydney Orbital corridor is slated to link growth areas in the south-west and north-west of the city (pictured)

The 200 metre-wide M9 Orbital Outer Sydney Orbital corridor is slated to link growth areas in the south-west and north-west of the city (pictured)

‘The current alignment of the M9 Orbital is anticipated to pass through the northeast corner of the site, with potential for an interchange at Remembrance Drive,’ Country Garden’s application stated (pictured is the proposed corridor at Cawdor)
Suburbs surrounding the new Badgerys Creek airport are soaring

‘We were absolutely gutted when we found out,’ Mrs Wise told Daily Mail Australia.

‘We found out from a leaflet put in our letterbox, and by watching the six o’clock news, there has been no communication from Transport NSW.

‘Words can’t describe the impact this has had on us, to work hard to find a place and then to be faced with losing it all, and not knowing when it will happen.’

The Wise family have been told they will have no recourse if the government uses mandatory acquisition to take their land.

Nor have they been informed about compensation – Mrs Wise said they have no been told when the land would be acquired, or how much they will be compensated.

‘We spent seven years looking for this place, where we live with our in-laws and my husband runs his trucking business, now we stand to lose everything we’ve worked for,’ she said.

Country Garden asked the Greater Sydney Commission in December to recognise their new site under the Regional and District Plan (stock image)

Ms Rofe did not comment on the sale of her land at Cawdor, south-west of Sydney, and a tenant of hers, 92-year-old Judy Geelan was unaware of the purchase price.

Country Garden asked the Greater Sydney Commission in December to recognise their new site under the Regional and District Plan.

The lobby effort is related to the plan’s provisions for high density housing built to satisfy demand created by population increases.

‘The current alignment of the M9 Orbital is anticipated to pass through the northeast corner of the site, with potential for an interchange at Remembrance Drive,’ Country Garden’s application stated.

Consultation on the M9 Outer Sydney Orbital corridor ended on June 1.
Daily Mail Australia contacted Country Garden for comment.

After the proposed road path was unveiled, hundreds of rural homeowners were suddenly told they would lose their properties (pictured is the Prime Minister, left, at a Transport NSW road upgrade event)

SOURCE: http://www.dailymail.co.uk/news/article-5805827/Chinese-developer-pays-90-year-old-woman-70million-land-sitting-new-M9-corridor.html

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CAAN UPDATE ON COMPULSORY ACQUISITION LAWS  … S71A ADDED TO THE EXISTING LEGISLATION

The WestConnex proposal includes a plan for the acquisition of a property on Lilyfield Road, Rozelle.

 

CAAN UPDATE ON COMPULSORY ACQUISITION LAWS  … S71A ADDED TO THE EXISTING LEGISLATION

BACK in 2016 the NSW LNP changed the “Compulsory Acquisition” laws and

added S71A to the existing legislation …

Previously if the Government changed their mind about needing your property they would offer it back to you … however to bypass this the government is offloading the property to another government department rather than offering it back …  We understand this is what Perrottet has done, and it seems that is why they are fighting the Desane decision.

To date the NSW Government appeal against the Desane decision is awaiting decision … it may be a couple of weeks away or months away!

If Desane wins this the NSW Government is ***ked if they try the same thing again!

WE have on good information that if the NSW Government wins, Desane will take the matter to the HIGH COURT!

This legislation as it stands destroys lives!

The community must fight back; toss this LNP out and their Cohort of lobbyists, politicised bureaucrats and politicians!

Assented on Mon 14 Nov 2016 – Act No 59 of 2016

https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3351

 

View the link for what went through Parliament; Part 71A only; there were other changes.

Land Acquisition (Just Terms Compensation) Amendment Bill 2016

https://www.parliament.nsw.gov.au/bill/files/3351/Passed%20by%20both%20Houses.pdf

 

[19] Section 71A

Insert after section 71:

71A Land not required for acquired purpose to be first offered to former owner

(1) This section applies to land:

(a) that has been acquired by an authority of the State (being an acquisition

to which this Act applied as referred to in section 5), and

(b) that the authority proposes to dispose of because the land is no longer

required for the public purpose for which it was acquired.

 

(2) The authority must, if practicable, first offer the land for sale to the former

owner at the market value of the land at the time the offer is made if:

(a) not more than 10 years has elapsed since the acquisition, and

(b) the authority has not made substantial improvements to the land, and

(c) the land is not Crown land, and

(d) the land is not proposed to be disposed of to another authority of the State for a public purpose.

 

(3) For the purposes of this section, land is no longer required for the public

purpose for which it was acquired if:

 

(a) the land has not been used and is no longer proposed to be used for the

public purpose for which it was acquired, or

(b) the regulations otherwise provide that the land is no longer required for

the public purpose for which it was acquired.

 

(4) The regulations may make provision for or with respect to offers for sale, the

review of decisions of authorities and other matters arising under this section.

(5) A person dealing with an authority of the State is not concerned to inquire

whether this section has been complied with, and the vesting in a person of an

interest in land is not affected by any contravention of this section.

(6) In this section:

former owner of land means:

 

(a) if the land was acquired by the authority of the State from only one

individual who is still alive or from only one corporation that is still in

existence—that individual or corporation, or

(b) in any other case—such persons (if any) that the authority of the State

considers, having regard to the interests in the land that existed

immediately before the land was acquired, should be fairly entitled to

the benefit of this section.

market value of land at any time means the amount that would be paid for the

land if it is sold by a willing but not anxious seller to a willing but not anxious buyer.

 

https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3351

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