Barwon Heads Road Project Update (Nov 2020)

Compulsory Acquisition: 01 November 2020

On 26 October 2020, Premier Daniel Andrews declared in the Victoria Government Gazette that the Barwon Heads Road Project was a declared project for the purpose of the Major Transport Projects Facilitation Act 2009 (VIC), opening the way for compulsory acquisitions in the area.

The next step is for the Minister for Planning to publish in the Victoria Government Gazette a map designating the area of land for which the declared project relates (declared project area). We anticipate this will occur after the Authority has obtained approval to apply a Public Acquisition Overlay (PAO) to the additional land required to construct the Project. There is currently a PAO Applied to land that will be acquired for the Barwon Heads Road Project, however, as part of the Planning Scheme Amendment process, the Authority is seeking approval to apply a further PAO to additional land that will be required to construct the Barwon Heads Road Project.

Once the additional PAOs are applied and the declared project area is gazetted, the Authority will be in a position to formally commence the compulsory acquisition process.

At this stage, the draft plans for the Barwon Heads Road Project identify that the Authority proposes to duplicate four kilometres of Barwon Heads Road between Settlement Road and Reserve Road. As part of Barwon Heads Road Project the Authority 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.

If you would like a greater understanding of the compulsory acquisition process or the PAOs, please feel free to contact us to arrange a mutually convenient time to discuss your queries.

About our Compulsory Acquisition team

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

If you are impacted by a PAO or a proposed PAO 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 you 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 Barwon Heads Road Project and your potential rights to compensation if your land is ultimately compulsorily acquired for the Barwon Heads Road Project.