South Rd homeowners seek legal advice over North-South Corridor acquisitions

Homeowners who fear their South Road properties may be acquired for final North-South Corridor stage are getting lawyers.

Lawyers are moving in to seek new clients who may have their properties taken over by the State Government to make way for the final stage of the North-South Corridor.

Transport workers have started ground investigations and voluntary acquisitions along South Road for the Torrens to Darlington project.

Compulsory acquisitions are expected to begin early next year, as local law firms jump on the opportunity and urge property owners to lawyer up.

Matti Lamb & Associates partner Fraser Lamb said his firm had been doorknocking in the Black Forest region to sound out potential clients who may be at risk of government acquisition.

“What we’re planning to do between now and then is raise as much awareness about the legal rights that people have under the Land Acquisition Act,” he said.

“At this point there’s no firm plans in terms of who’s getting acquired and exactly what’s happening. But there’s been a bit of guesswork.”

BMG Art director Trudyanne Brown fears her business and home could be in the government’s sights for compulsory acquisition.

“My whole business would completely implode,” she told The Advertiser.

“I’ve invested a lot financially and emotionally in this property and I’ve got no desire to move, and I can’t find answers anywhere.”

Ms Brown lives in an apartment that was designed at the back of her art gallery. Picture: Matt Turner

Her property, a Soldiers’ Remembrance Hall converted into a gallery, is located on the northern side of South Road, just before Richmond Road, at Marleston.

The kitchen and canteen area at the back of the hall was converted into a two-bedroom apartment, where she lives. The gallery and her living space are separated by a courtyard with a heated swimming pool.

Ms Brown joined the South Road Inner West Action Group when she became concerned her business and home would be affected.

“We simply don’t know what’s going to happen or when it’s going to happen or what you can do,” she said.

The BMG Art Gallery on South Rd. Owner Trudyanne Brown fears her business may be acquired for the Torrens to Darlington project. Picture: Matt Turner

“I am making an appointment with a lawyer to find out what my rights are if there is a compulsory purchase order hanging over me.”

She said her concerns grew when it was reported that transport workers had visited Vili’s Family Bakery at Mile End to survey the land.

Using a combination of tunnels and ground-level motorways, the government is taking a ‘Hybrid+’ approach to the Torrens to Darlington project.

It is estimated that 390 properties will need to be acquired. This is compared with 900 homes if it was an open motorway for the whole 10.5km stretch.

BMG Art director Trudyanne Brown, with her dog Lino, in her apartment/gallery on South Road. Picture: Matt Turner

A transport department spokeswoman said the final design would not be known until mid-2021.

“The Hybrid+ solution is saving more than 480 properties from demolition … every effort is being made to further minimise the impact.”

Mr Lamb said it was important property owners knew their rights when it came to land acquisition.

“Their fundamental rights is that they are afforded legal representation which is paid under the Supreme Court Scale,” he said.

“They are also afforded the right to a market evaluation report from a property valuer. And if they are a business, they are afforded the right to a business evaluation … and that’s all paid for under the terms of the Act.”

Mr Lamb also said recently introduced legislation allows residents to claim a “solatium payment” that is capped at $50,000 to cover the emotional costs of giving up a home.

The new law began in July and was introduced by the state government to clarify property acquisition concerns specifically relating to the Torrens to Darlington project.

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