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27th May 2015, 09:39 AM #1
Does anyone have Dale Kerrigans phone number?
I received this letter yesterday and immediately rang the council to see what was going on. It was no surprise to me that they didn't know anything about land being bought up by the council in my area. I've got a friend whose daughter does conveyancing work checking up on it and I'll check with the neighbours to see if they got a similar letter. I find it strange that the letter was addressed "The Owner", surely if they have enough information to know about a compulsory acquisition they would know who lives there (although the privacy act may have something to do with it). Just wondering if anyone here has ever been the subject of a compulsory acquisition?
Hunt.jpgTo grow old is inevitable.... To grow up is optional
Confidence, the feeling you have before you fully understand the situation.
What could possibly go wrong.
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27th May 2015, 06:36 PM #2
Looks like a law firm touting for business.
If you like to wade through this, you may find enlightenment
http://planningschemes.dpcd.vic.gov.au/schemes/casey
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27th May 2015, 06:57 PM #3To grow old is inevitable.... To grow up is optional
Confidence, the feeling you have before you fully understand the situation.
What could possibly go wrong.
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27th May 2015, 07:16 PM #4
It may well have been done before, but I reckon you need to call and ask for Mike.
Just to be sure.There ain't no devil, it's just god when he's drunk!!
Tom Waits
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27th May 2015, 07:43 PM #5GOLD MEMBER
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- Jun 2003
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On a lighter note, the house that was in "The Castle" is not far from us. It has been renovated and a unit built in the back yard.
Tom
"It's good enough" is low aim
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27th May 2015, 07:56 PM #6SENIOR MEMBER
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- Jul 2014
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- Gold Coast Australia
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27th May 2015, 08:24 PM #7
Tell 'em there dreamin!!!
Just do it!
Kind regards Rod
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27th May 2015, 10:56 PM #8
If you want to know the official gobbilygoop, look at section 45.01 and the Schedule to the Overlay in the item immediately below it. Unfortunately the planning industry has taken a lead from lawyers and bureaucrats and talks in their own particular dialect which the common person cannot really interpret easily.
A point to note in the the text of the Overlay is that part of it was incorporated into the planning scheme in 2013 and other parts where incorporated in 2006. Technically, the overlay exempts itself from public exhibition, which means that Council can include a property into the overlay without notify the owners or the rest of the community, or considering submissions from interested parties.
Once you are included in the overlay, your property effectively has extremely limited potential to increase in value, because you need a permit to do virtually anything but eat or sleep, and council will be very reluctant to issue a permit that is likely to increase your value and their price. Try to sell the property and the the Section 32 statement planning section will show that you are subject to the overlay and any potential purchaser will be advised by their conveyancer to run like hell, lest the overlay follow them an infect anything else that they buy.
I agree with Alex's contention that it appears to be a law firm touting for business. The schedule says that PAO3 is for acquisition by the Council for municipal purposes, as outlined in the letter. Other things listed in the schedule include Vicroads (roads), the education department (schools) and the water services provider (drainage). There is plenty of scope for the Council to have a number of PAO3 areas in the township, and it may be in the process of acquiring properties in one of these well removed from your place. However if someone effected by that wants to buck the system and fight, and goes to a Lawyer, it is quite conceivable the Lawyer would attempt to whip up a group case by contacting everyone effected by the overlay, regardless of whether they are in the area currently being acquired, or in another area miles away.
I suggest that you front the planning department politely, and find out why they have implemented the overlay, when they may act to acquire properties in your area, and anything else of relevance. You can then at least start to plan you life around the eventuality that you will be bought out by the council and have little say in the matter. A little but of publicity will alert others to the potential issue, but won't make it go away.I used to be an engineer, I'm not an engineer any more, but on the really good days I can remember when I was.
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