Western Sydney Airport forces rezoning of properties – where does this leave residents?
In October 2020, the NSW Government rezoned all land surrounding the airport at Badgerys Creek.
The rezoning has seen some properties transform from 100 per cent rural land to 100 per cent environmental land (Green Space) and other properties considerably dropped in value after they were re -zoned “agribusiness”, which, according to the State Environmental Planning Policy (Western Sydney Aerotropolis) 2020, is to be used for supply chain industries, food processing and production and agricultural produce industries.
Although a spokesperson for NSW planning told the ABC that not all land zoned environmental would be acquired, but the land that would be designated for public use by the Government would be acquired under the Land Acquisition (Just Terms Compensation) Act 1991 (“the Act”)
However, the NSW Planning Partnership, which is made up of a group of local councils have issued a statement saying that an existing and lawful use of the land would stay with the property and would therefore transfer to the new owner.
It may not be all gloom and doom for property owners.
The Land Acquisition (Just Terms Compensation) Act 1991 provides relief for those owners whose land has been rezoned to environmental land. Section 23 of the Act provides for an owner who suffers hardship, require the authority of the state to acquire the land designated for acquisition.
- if the land is designated for acquisition for a public purpose; and
- the owner suffers hardship if there is a delay in the acquisition of the land.
Section 24 of the Act provides that an owner of land suffers hardship if the owner is unable to sell the land or is unable to sell the land at its market value, because of the designation of the land for acquisition for a public purpose.
Do not believe government agents who tell you that the value of the property is predetermined. Do not accept their initial offer. Get legal advice. You are entirely within your rights to insist on getting your own valuation and your own legal expert to argue for you.
For all enquiries in relation to town planning matters and land acquisition matters or advice, please contact our expert team today.
Bechara Shamieh, Managing Director
E: Bechara@madisonmarcus.com.au
P: +61 9762 0402
Sophie Whealy, Special Counsel | Planning, Environment & Government
E: sophie.whealy@madisonmarcus.com.au
P: +61 8022 1261
