Former property owners claimed the Western Australian Planning Commission owed them millions of dollars in compensation over land taken to facilitate a Metronet railway line.
Former property owners claimed the Western Australian Planning Commission owed them millions of dollars in compensation over land taken to facilitate a Metronet railway line.
According to two writs filed in the Supreme Court of Western Australia this week, the plaintiffs claimed monetary compensation from the WAPC for land taken as part of a planning control area to facilitate the Morley-Ellenbrook line in the state goverment's Metronet project.
The writs said Rachel Minniti, who owned a 3.6 hectare lot in Bennett Springs, claimed $7 million in compensation while Francesca Minniti, who owned an adjacent 2.5 hectare lot, claimed $5.5 million from the WAPC.
According to the writs, the plaintiffs claimed their land was included in the planning control area as a consequence of Metronet but the lots would have been identified for residential urban development, if not for the railway project.
“The taking order has caused the plaintiff to lose the whole of the land and its rezoning, subdivision and urban residential development potential,” the writs said.
"As at the taking date, the land’s highest and best use was for rezoning, subdivision and urban development for residential purposes."
The plaintiffs claimed the land taken were partly zoned as residential development, general rural and urban deferred.
According to the writs, the WAPC had already transferred advanced payments totalling about $7.6 million and the plaintiffs were seeking the rest of the compensation they had claimed with accrued interests, valuation and legal costs.
In the Supreme Court writs, the Minnitis said the WAPC compulsorily acquired their land and advised that a taking order had been registered with Landgate in January 2021.
The Minnitis alleged in the writs that the land was immediately disposed to the WAPC with their estate and interests in the properties to be converted into a claim for compensation.
According to the writs, the land was registered as part of Planning Control Area 149 – Bennett Springs that was under the state government’s Metropolitan Region Scheme.
A WAPC spokesperson said it was inappropriate to comment on the matter as it was before the courts.
