Suburban Rail Loop park takeover sparks $7m compo fight
The $34.5 billion mega-project compulsorily acquired Sinnott Street Reserve and other council-owned land between Sinnott Street, McComas Grove and the Burwood Highway in March 2023.
Construction crews are working around the clock to build a 19-metre deep hole on the site, from which to launch two massive tunnel boring machines next year.
The Burwood SRL station will provide a train link to Deakin University and trigger significant high-density housing development in the surrounding area, which currently consists mostly of single-storey detached houses.
Whitehorse City Council has taken the Suburban Rail Loop Authority to the Supreme Court of Victoria, claiming it has refused to pay the council fair compensation for the loss of its park, which backed onto Gardiners Creek and included undercover picnic and barbecue facilities and the old Burwood Skyline Drive-in playground.
Court documents show Whitehorse claims it is owed $16.4 million, comprising $15.98 million for the market value of the land, $72,412 in legal fees and other professional expenses, and $400,000 in solatium, which compensates for 'intangible' and non-monetary damage from losing the park.
The Department of Transport and Planning's director of land acquisitions, Bryan Yeow, rejected this claim in April 2024, documents show. He made a counteroffer of $9.5 million for the land, based on an assessment by the Valuer-General Victoria, plus $45,566 in professional expenses.
The $6.9 million difference in valuations partly comes down to a disagreement about the potential 'highest and best use' of the land.
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