As part of the Level Crossing Removal Project, Urbis was engaged by a lawyer representing Brimbank City Council to assess compensation for the temporary occupation and partial acquisition of Council-owned land around Fitzgerald Road. The acquisition of the Public Park and Recreation zoned land would sever the site into two sections via the construction of a road bridge.
We utilised the ‘Before and After’ methodology, as per Section 41(3) of the Land Acquisition and Compensation Act (LACA). This method calculates market value as the difference between the property’s value before the acquisition, ignoring any impact from the acquisition, and its value after, considering all impacts from the acquisition.
We analysed the acquisition’s implications on the remaining land and the negative effects of a road bisecting parkland. The compensation assessment included a ‘severance’ allowance, accounting for the reduced utility and value of the land due to the division.
“Section 41(3) of the LACA dictates that when less than the whole of the land is acquired, market value is determined as the difference between the ‘before’ and ‘after’ values.