North East Link
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 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 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.
For more information on the process of compulsory acquisition, see our frequently asked questions and information on compulsory acquisitions and voluntary acquisitions at http://tlfc.com.au/expertise/compulsory-acquisition/ or call or email Phillip Leaman.