North East Link Project
The Environmental Effects Statement has been released for the North East Link Project. The current North East Link project intends to have the following effect on businesses and landowners according to the released Environmental effects statement for the North East Link:
In the M80 Ring road to northern portal section, will be 7 commercial properties acquired (along Greensborough Road) and 90 commercial properties acquired between the northern portal and the southern portal (80 in the Bulleen Industrial Precinct) and 5 along the Eastern Freeway (including four businesses located within the Boroondara Tennis Centre).
The project will have the effect on landowners and commercial tenants in the above areas and will effectively reduce the Bullen Industrial Precinct by 72%.
The North East Link project will also impact on some residential properties and there are 36 properties earmarked for compulsory acquisition (18 properties to be compulsorily acquired in the M80 Ring road to northern portal section and 18 properties to be compulsorily acquired between the northern portal and the southern portal).
The compulsory acquisition of properties will be undertaken in accordance with the Land Acquisition and Compensation Act 1986 and the Major Transport Projects Facilitation Act 2009.
The Environmental Effects Statement for the North East Link Project states that the “North East Link would permanently acquire public land within Banyule, Boroondara and Manningham (including part of the Freeway Public Golf Course, Boroondara Tennis Centre and part of Bulleen Park). The Bulleen Swim Centre (operating on privately owned land) would be fully acquired. Borlase Reserve would be acquired to the extent that its current use would no longer be viable.”
Phillip Leaman, principal of Tisher Liner FC Law has extensive experience in compulsory acquisition and voluntary acquisition matters. It is important that affected landowners and commercial tenants get legal advice early to ensure that they maximise the compensation payable arising from the acquisitions.
Whilst the project is not approved until it has completed the EES process and obtained formal planning approval, it is appropriate to start liaising with the Authority and obtain legal advice now to ensure that you are ready when your property is acquired as once planning approval has been obtained, work on the project will normally speed up.
Formal Notices of Intention to Acquire have not yet been provided, but it is expected that they will be issued shortly after the EES process is completed.
It is important that those affected get an expert compulsory acquisition lawyer to assist them from the start to ensure that they maximise their compensation.
It is important that those affected obtain appropriate legal advice in all dealings with the Authority to ensure that their rights are protected and the best possible outcome is obtained. Tisher Liner FC Law, who are expert compulsory acquisition lawyers have accredited specialists in business law, property law and commercial litigation and can assist you with the process and deal with the Major Transport Infrastructure Authority (formerly the North East Link Authority) to ensure you get the best possible outcome.
Notices of Intention to Acquire will be served next which will start the formal acquisition process. It is important to get professional advice from an expert early before these notices are provided to ensure that you can maximise your compensation prospects. If you have already received a Notice of Intention to Acquire or Notice of Acquisition and/or an offer of compensation, it is important to obtain legal and valuation advice to consider whether the offers are reasonable and whether further compensation should be sought. Even if you have obtained an offer of compensation it is not too late to obtain legal advice.
Click here to download our Compulsory Acquisition Flyer.
For advice and assistance, please contact Phillip Leaman who has extensive experience in land acquisition matters and has acted for many land and business owners. Phillip has extensive experience in negotiating excellent outcomes for clients in the East West Link, Melbourne Metro Rail Project, Skyrail- Caulfield to Dandenong Project and Level Crossing Removal Projects. Phillip has also been involved in many one off council and government acquisitions of land and property interests.