Barwon Heads Road Project Update

Compulsory Acquisition: 07 July 2020

Major Road Projects Victoria (MRPV) has announced that they have prepared a draft Planning Scheme Amendment which outlines the proposed project design for the Barwon Heads Road Project. The draft Planning Scheme Amendment and associated documents including the proposed design are currently on public display and are accessible at the following links - https://engage.vic.gov.au/bhr or https://roadprojects.vic.gov.au/projects/barwon-heads-road-duplication/planning.

At this stage, the draft plans for the Project identify that MRPV propose to duplicate four kilometres of Barwon Heads Road between Settlement Road and Reserve Road. As part of this Project MRPV also proposes to undertake the following works:

• Build a bridge over the railway line at Marshall and remove the level crossing;
• Upgrade the intersections between Settlement Road and Reserve Road;
• Install new street lighting, road signage, drainage and landscaping; and
• Construct a new shared user pathway.

There is currently a Public Acquisition Applied to land that will be acquired for the Barwon Heads Road Project, however, as part of the Planning Scheme Amendment process MRPV are seeking approval to apply a further Public Acquisition Overlay to additional land that will be required to construct the Project.

We understand that MRPV has been in contact with the owners of properties that will be affected by the proposed Public Acquisition Overlay.

MRPV are calling for public submissions on the Project and the draft Planning Scheme Amendment before it submits the Planning Scheme Amendment to the Minister for Planning for his consideration and approval. If you are considering making a submission it must be received by MRPV by 26 July 2020.

If you would like a greater understanding of the Planning Scheme Amendment process, the design and the proposed Public Acquisition Overlays or you would like to make a submission, please feel free to contact us to arrange a mutually convenient time to discuss your queries.

About Us

Aitken Partners Compulsory Acquisition Team has more than two decades of combined experience in representing landowners, tenants and business owners in compulsory acquisition claims in most (if not all) of Victoria's major infrastructure projects.

Aitken Partners compulsory acquisition lawyers have a great deal of experience with and understands the many complexities associated with the compulsory acquisition of both residential and commercial land. For example, Aitken Partners recently acted in the Supreme Court for successful claimants in the matter of Provans Timber Pty Ltd in relation to a business being conducted on a property owned by related entities. Both entities were found to have an interest in the acquired land and therefore both entities were entitled to separate claims for compensation as a result of the acquisition.

If you are impacted by a Public Acquisition Overlay or a proposed Public Acquisition Overlay for the Barwon Heads Road Project, it is imperative you engage lawyers experienced in compulsory acquisition matters to assist you in obtaining appropriate compensation. The compulsory acquisition process is covered by a unique legislative regime which does not follow standard property and conveyancing law practices.

If you are affected (or your may be affected) by the Barwon Heads Road Project, please contact Natalie O'Flynn on 03 8600 6046 to arrange a time to speak with one of our compulsory acquisition lawyers regarding the proposed design for the Project and your potential rights to compensation if your land is ultimately compulsorily acquired for the Project.