Stonnington Council Public Open Space Strategy
The Stonnington Council has announced a strategy to reserve and acquire private properties to create greater public open space within the municipality.
A public acquisition overlay was placed on five properties in the area bound by Clifton, King, Bangs and High Streets in Prahran in September 2015. The public acquisition overlay is reported to be the first step in the Council’s strategy that may see up to 450 properties in Stonnington compulsorily acquired for use as public open space. The properties identified for potential acquisition are in South Yarra, Toorak, Armadale, Glen Iris, Prahran and Malvern.
The moment that your land is impacted by planning controls or the threat of compulsory acquisition, you may be able to take action to trigger an entitlement to compensation. This can be done using provisions contained in the Planning and Environment Act 1987.
For instance, if you make an application for a planning permit to improve your land and it is refused on the grounds that the land has been reserved for a public purpose, you can be compensated for the financial loss you have suffered because of that refusal.
You may also be able to make a claim for a loss of value on the sale of your property. This can be done if it is demonstrated that the public acquisition overlay (or proposed overlay) has placed a blight on your title such that the sale price is lower than would otherwise be expected.
Other entitlements may arise in the event of formal steps to compulsorily acquire property.
Significant uncertainty can be caused for property owners and occupiers when planning controls are proposed or registered on title. However, with expert advice you can ascertain the impact of the controls on your property and trigger a right compensation that might otherwise not have arisen.
Our work is at no cost to you, as the Acquiring Authority is legally required to pay our costs and we will only seek payment from the Acquiring Authority – not you.