Satellite images may break new ground on tunnelling compensation

Residents in Sydney’s inner west are writing to the NSW Government appealing for payouts for land acquired beneath their homes, as the WestConnex saga continues.

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Homeowners’ seeking compensation for damage allegedly caused by tunnelling for the controversial WestConnex project could have found a “smoking gun”.

It is understood residents in St Peters and Haberfield are writing to the NSW Government to seek compensation for substratum acquisitions — the act of compulsory acquiring the land beneath their homes at no cost.

The government can take the land freely because it is argued digging happens so far below the surface it has no impact on structural integrity.

Stephanie Dennett is one homeowner to come forward showing cracks in her house which she says were caused by WestConnex tunnelling. Picture: AAP Image/Quentin Jones)

But as locals battle to prove cracks in walls along the tunnel line were caused by vibrations, satellite images released by Otus Intel showed significant land movement had taken place at the same time as the works on the $16 billion toll road.

Inner West Mayor Darcy Byrne said Otus Intel’s images had exposed the “smoking gun we knew existed all along”.

Inner West Mayor Darcy Byrne said it was time residents got fair compensation. Picture: AAP IMAGE/Jordan Shields

Cr Byrne said council engineers had warned the government that construction vibrations were causing “serious problems” for homes and businesses above the tunnelling.

“I’m urging the government and stop ignoring the evidence on the ground and take a hard look at the evidence that has come from a satellite above,” he said.

Construction workers in the almost-completed M4 WestConnex tunnels. Picture: AAP Image/Dylan Coker

It comes as a developer argues for substratum compensation in the Land and Environment Court over a property in St Leonards, which he claims was impacted by tunnelling for the Sydney Metro.

A lawyer and former Department of Planning official told the Courier if successful, that case could set a precedent and spark a wave of new claims.

Imagery showing ground movements (in yellow) at Terry St, Sydenham. Picture: AIRBUS DS/Otus

“The thing that’s so constructive about the Otus work is that is suggests a relationship between the digging and the cracking,” the lawyer, who asked the remain anonymous, said.

He said the government would not have budgeted for substratum payouts, and with thousands of homes lining the ground above the tunnel the cost could add up “very quickly”.

Umberto Galasso. Picture: AAP Image/Quentin Jones

A Roads and Maritime Services spokesman said contractors were obliged to fix property damage proven to be caused by WestConnex construction.

The spokesman said currently had 14 requests from property owners to review property damage claims before them, after they were rejected by contractors.

He said RMS would hold contractors “accountable for any damage judged to be caused by WestConnex”.

“Accordingly, we have a robust and thorough claims process, which includes the opportunity for people to request a review by the WestConnex project company and then, if necessary for Roads and Maritime to review their claim, if they are not satisfied with the advice they’ve been given by the contractor regarding their property,” he said.