Assignment Brief: The Gold Coast Rapid Transit Authority has received funding for the second stage of the light rail system. Property owners who will be affected by the light rail extension have received Notices of Intent dated 1 February 2016. You are required to write a report about compensation entitlements for all parties with an interest in the three properties in Middle Street, Gold Coast, which will be impacted by the proposed resumption. For each party, you should state the relevant heads of compensation payable and the methodology that would be used to calculate the compensation.
Construction work is proposed to commence on 1 August 2016. Each lot comprises an area of 494 square metres. The area proposed to be resumed comprises approximately 356 square metres and is shown as the green hatched area on the attached cadastral plan. Current improvements and their uses for each property are described as follows:
Lot 1 SP13562X is improved with a single dwelling that is currently leased to a takeaway food business operating as Fast and Healthy Food. During the day the business serves many local and passing customers who can always find a car park on the street on Middle Street. The owners of Fast and Healthy Food currently lease the whole premises and live on site. During the construction phase of the proposed light rail extension, no on street parking will be permissible. The current lease will expire on 31 July 2016. The property is owned by Ms Doing Well who has a mortgage on the property held by the Big Bank.
Lot 2 SP13562X is improved with a single dwelling that is currently owner occupied by Mr and Mrs Frugal. They have lived in the house for the past sixty years and have raised their family in the house. The front fence is a timber paling fence and the exposed aggregate driveway will be partly removed by the resumption. The house is set on the rear of the property and is not situated on the part of the lot that will be resumed.
Lot 3 SP13562X is improved with a single dwelling owned by Mr and Mrs Rich who have a mortgage on the property with the Big Bank. The property is currently leased to Spring Back Physiotherapists who have operated their business from these premises for over ten years. The current lease is due to expire on 1st April 2020. The proposed resumption area will mean that the existing dwelling will need to be removed. A bitumen car parking area and rendered concrete block fencing with an electric security gate is also situated in the area that will be resumed from Lot 3.
Your report should refer to relevant Statutory and common law, using the Harvard style of referencing. The scenario is this assignment is fictitious. You do not need to refer to the Planning Scheme to complete this assignment. State any assumptions that you make.