‘Playing with lives’: Lawyer slams property purchase policy

A high-profile Sunshine Coast lawyer has called on council to stop “playing with people’s lives” with its land acquisition policy.

HIGH-profile lawyer Peter Boyce has called on council to stop "playing with people's lives" with its land acquisition policy.

Mr Boyce, the man who represented the Morcombe family, has been acting for owners of homes and commercial properties in Oval Ave, Caloundra, and Arundell Ave, Nambour.

Several homes on Oval Ave were recently acquired or in negotiation to be acquired by Sunshine Coast Council to make way for $12 million transport corridor upgrades.

Preliminary discussions had also started on large commercial properties in Arundell Ave, with intersection upgrades scheduled and council having made public its intention to eventually widen the road once rail services were upgraded.

Mr Boyce criticised the process, saying the release of unfunded plans, sometimes decades before they may become reality, and putting flags on rates notices for properties required by council in future, had manipulated the market and left council as the only viable buyer.

He said the policy, coupled with capping of conveyancing fees at $2200 and independent legal advice remuneration to two hours was "just immoral".

He also slammed the council's policy of deducting the cost of valuations obtained from "a future claim for compensation for the taking of land/interest in land unless council advises otherwise" in the event negotiations broke down.

"They're (council) supposed to be model citizens," Mr Boyce said.

"They're playing with people's lives."

A council spokesman said council usually attempted to buy land required for its projects through a negotiated purchase with owners.

"In instances where land is not required in the short term, (ie. less than ten years), council advises affected landowners that part or all of their property will be required and that council is willing to purchase the property by negotiation," the spokesman said.

The spokesman said in instances where council bought property instead of compulsorily acquiring it for a "known project land requirement" payment was determined in accordance with the Acquisition of Land Act 1967, which included disturbance costs.

"Council's approach to managing property acquisitions for longer term (ie. 10 years or more) projects is far more accommodating of the property owner's interests than the approach adopted by the State," he said.

"The State Government's early acquisition policy is triggered where a landowner has attempted to sell, rent or lease a property at market value, or to obtain planning approval to develop a property but has been unsuccessful, due to a future requirement over the property for a State Government project. Evidence must be provided to the State Government to support an early acquisition.

"This differs to council's policy which offers to purchase a property where the landowner is not experiencing any hardship."

Mr Boyce said the council should be paying "whatever the fees are", covering valuations, legal advice, conveyancing and even town planning costs.

"The public would want you to treat them fairly and not impose their will on them," he said.

"Council are cheapskating and being selective with how they deal with people they're taking their homes from.

"How can they get into another house of comparable size and value?"

He said for some owners the home was their only asset, and they'd lived in them for decades, and the acquisition would force them from the area into more affordable suburbs.

Mr Boyce said council should adopt a policy more like the Department of Transport and Main Roads and a more liberal and open approach should be taken, rather than trying to compress the level of compensation.

He also questioned, in the case of the Arundell Ave properties, which included a large parcel owned by Danny Marr of Marrs Transport set to be impacted, why council needed to mark rates notices.

"They've put a blight on the property," Mr Boyce said.

"It's not even funded. It's the height of recklessness."

He said he'd written to all councillors about his concerns, but only had acknowledgment from two, and he felt more consultation was needed with owners who'd contributed significantly as ratepayers.

The council spokesman said it had a "statutory and civic responsibility" to plan for infrastructure needs of local communities as the region grew.

CoreLogic's RP Data website showed 11 Oval Ave, a three-bedroom, two-bathroom home on 607sq m was purchased by council for $642,500 on May 9 last year.

Power cuts homes, but no rain damage

Originally published as