City Hall takes Armstrong Creek farmers to VCAT over disputed compulsory acquisition compensation claims

Farmers say City Hall owes them tens of millions more than what was paid for their land, after it was acquired in 2019 to create the Sparrovale Wetlands at Armstrong Creek.

The Sparrovale Wetlands are intended to be a drainage basin for stormwater run-off from the urban growth area of Armstrong Creek. Picture: City of Greater Geelong

Two landowners claim they are owed more than $96m for their farms after Geelong’s council paid $8.81m to compulsorily acquire the properties to create the Sparrovale Wetlands at Armstrong Creek.

City Hall has taken Graham Perkins and Bill and Joanne Robertson to the Victorian Civil and Administrative Tribunal (VCAT) over the disputed compensation claims after the council acquired their farms in 2019.

City Hall made offers in February of that year of $1.05m to the Robertsons for their Coldwinds farm and $7.76m to Perkins for his Sparrovale farm.

In both cases, the landowners asked for the full amount to be advanced, which was paid on April 3, 2019.

The farms, which collectively comprise the Sparrovale Wetlands, were compulsorily acquired by the city to be turned into a stormwater drainage basin for the urban growth area of Armstrong Creek.

After paying the advance, City Hall did not hear from the landowners for two years.

In June 2021, City Hall chased the landowners to formally accept the offers, which led to the dispute over the size of the compensation.

Both landowners claim the market value of their property was substantially more than what council paid, and also claim compensation for fees and intangible losses.

According to court documents, Mr Perkins claimed just over $69.31m as of last month, while the Robertsons claimed just under $26.7m.

Both parties also claim much lower figures as alternatives.

City Hall adjusted its offers in December, giving the Robertsons slightly more – about $1.6m and Perkins slightly less – $5.79m.

According to court documents, the landowners argue they would have “joined together to sell their properties”, which would have been bought by the developers without the need for compulsory acquisition.

The respondents argue that this would have resulted in developers not needing to construct as many drainage basins and even allocate part of Sparrovale farm for development.

This would have saved the developers $22.38m, the landowners argue.

In court documents, the Robertsons described feeling like they were “treading water” after the acquisition, and were “increasingly frustrated by the lies and delays” in the lead-up.

The couple knew as early as 2007 their land would be acquired and on one occasion accepted a verbal offer of $3.4m from developer Mark Casey, which he later retracted.

“The impact of the acquisition on the (Robertsons) has been nothing short of cruel – they have suffered mentally, physically, emotionally and financially,” court documents state.

“The (Robertsons) believe that nobody can fully understand the 15 years of hell that they have been put through.”

Mr Perkins similarly outlined the “anxiety and anguish” the acquisition caused, including the loss of “his life’s work and family history”.

Mr Perkins, who is 77, grew up on the farm and had owned it since 1990. It’s loss caused him “frustration, nuisance, annoyance, distress and anxiety” and left his “long-term dreams for their family destroyed”.

A 10-day hearing in the matter is set to begin on September 2.

The Geelong Advertiser reached out to the firm representing Mr Perkins and the Robertsons but it did not respond. City Hall declined to comment.

Originally published as City Hall takes Armstrong Creek farmers to VCAT over disputed compulsory acquisition compensation claims