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In march 2010 myself and 2 mates purchased a corner property…

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In march 2010 myself and...

In march 2010 myself and 2 mates purchased a corner property in Thornlie, Perth . After doing all our homework regarding putting 3 houses on the property, we were told this could be done as the property was zoned R40 and the zoning certificate ( dated 26 march 2010) clearly states that the council has no intentions of resuming the whole or part of this land, nor that the roads were proposed for widening. After considerable expense getting it to the planning approval stage, we received a letter dated 7 aug 2012 stating that our plans would need to be adjusted as the council was reclaiming 149m2, aprox 1/5 of our land. We are now unable to build the 3 houses and look at a financial nightmare . The letter states that 10 feb 2009 the previous owners were informed in writing. However this was never told to us and the zoning certificate clearly puts them at fault. We have a meeting with the council in 9 days to discuss the matter. What sort of compensation should we be looking at. The property is worth about $400k, remembering that the 3 of us will no longer each get 1 house each, as originally planned. Do you have any advice or someone who could represent us.

With thanks Sasha Fehervary, nick Ratcliff and Michael Payne XXXXXXXXXX [email protected]

Submitted: 10 years ago.Category: Australia Law

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9/22/2012

Solicitor: Leon, Solicitor replied 10 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning

Did you do searches with council at the time to see if they had any plans to resume?

Was it listed in the zoning certificate about councils interest to resume the land?

Did you have a Solicitor acting for you when you purchased the land?

Customer reply replied 10 years ago

The zoning certificate definitely says no to the council resuming the land.
Exclusive conveyancing was used for settlement

I would have to check my files at work regarding what other searches were done. All info given to us was that they had no plans

Solicitor: Leon, Solicitor replied 10 years ago

Good Afternoon

Have you seen the letter from council in 2009?

Customer reply replied 10 years ago

No I haven't. According to the 7 aug letter "as detailed in the land acquisition plan no E3-142, as was detailed in the cities correspondence to the land owner 10 feb 2009" ( previous owners)

Solicitor: Leon, Solicitor replied 10 years ago

Good Morning

You need to go and see the file from council.

You will need to access it and see what was done and when before you can decide who is liable.

You may need to make an application under the freedom of information Act.

Once you have this, then you can decide if Council is to blame for not including it in the Zoning Certificate, and/or the Vendor for not disclosing it.

Once you have the information then you can take further action. It appears that Council may also be negligent here.

You would then need to look at what what the land value should have been and also what compensation council is going to pay and the losses you are making on not being able to develop as you wanted.

It is not simply plucking a figure and saying sue for that.

Once you have all this you can then contact the Law Society of WA and get a referral to a property lawyer to assist.

Their website is as follows:

http://www.lawsocietywa.asn.au/

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

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