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  • Profile photo of jimmy74jimmy74
    Member
    @jimmy74
    Join Date: 2013
    Post Count: 2

    All – please be sure you check if the subdivision you propose is impact by the priority infrastructure plan (PIP).  If it is Council can ask you to dedicate land and works and you really cant do anything about it.  A big problem is that say teh PIP values your land dedication at $50k, but your transport charges are only $10k – Council technically owes you a cheque for $40k.  But that's not actually what happens, they only have to reimburse what they collect over the next 5 years and then that's it!  What if the PIP asks for $150k worth of infrastructure?  same thing but in that case you may need an infrastructure agreement with Council.

    I would say most 1 into 2 subdivisions in Brisbane are not really worth the hassle and risk these days given upfront costs unless it meets this criteria:

    Not impacted by any PIP network,

    Not in a flooded area (river or creeks),

    Not in an Overland flow path,

    Not in a waterway corridor or wetland area,

    No significant veg onsite,

    Not on any major road

    Free of any easement.

    Profile photo of jimmy74jimmy74
    Member
    @jimmy74
    Join Date: 2013
    Post Count: 2

    I know 100% that BCC can resume land for infrastructure planning and a few other things too.  They must pay you fair market value for the land based on its zoning, not what you think it is worth.  They must also pay you a rate based on the highest possible use for the land (eg if an easement goes over it and n fact it was useless they must still assume you can develop all of the land to MP3 zone).

    What I can tell you is that if you have a valuation that differs, or you believe "some circumstance" would of added significant value to your land "fight it".  You will not be able to stop the valuation but you have the right to appeal it and Council is obliged to get a 3rd party legal review to see if your claim has merit.  If it does Council "must" pay that amount!  I have personally seen a few people do this and to be honest about 75% of the time they get what they are after.  Also Council's first approach is to "acquire the land" not resume – this means agreeing to a value that sometimes maybe more than the market value as long as a valuer supports it (cant waste taxpayers money).

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