Land disputes spark growing concerns near major new development project

The development of the Western Sydney Airport has been a topic of much discussion and anticipation, promising to bring new opportunities and growth to the region.

However, for many residents living near the proposed site, the project has become a source of distress and financial uncertainty.

The NSW government's approach to acquiring land for the airport and associated infrastructure has left several families.


Scott Lutiger's story is a poignant example of these residents' turmoil.

The government offered his family's seven-and-a-half-acre property in Bradfield, which has been part of their lives since 1970, a mere $468,000—an amount Scott describes as 'disgusting.'

The Lutigers, who have deep roots in the area, are now confronted with the reality of being forced to part with their land for a fraction of its potential value.


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Properties near the Western Sydney Airport have been criticised for undervalued by the NSW government. Credit: Facebook


Personal struggles compound the Lutigers' hardship.

Walter, Scott's 88-year-old father, requires full-time care for dementia, and the family recently lost Evelyn, Scott's mother, to cancer.

The financial burden of medical expenses led Scott to make a hardship application to Transport for NSW (TfNSW), hoping for an expedited sale.


Yet, the offer that eventually came was far below expectations, calculated based on the land's former rural zoning rather than its more valuable enterprise zoning.

The situation worsened following a Land and Environment Court decision involving Goldmate Property, significantly reducing the potential value of land acquired near the new airport.

The government has leveraged this decision to offer lower compensation to affected landowners, a move independent community commissioner Roberta Ryan has labelled as 'grossly unfair' and 'devastating' for the residents.

‘These people largely have lived in rural isolation, without water and sewer, [with] very little connection to government,’ she said.

‘Post this Goldmate decision…people are finding out that their land is being valued at the pre-rezoning value.’

‘This, of course, is devastating news.’


The emotional toll on families like the Lutigers is immense.

Not only are they dealing with personal loss and illness, but they also feel trampled by a process that seems to disregard the true worth of their properties.

The government's stance has sparked a broader conversation about the fairness of compulsory acquisitions and the need for potential legal reforms to protect landowners' rights.

Premier Chris Minns has generally argued that landowners should be paid market value for their properties, acknowledging the conflict that often arises between government valuations and owners' expectations.

‘We want to make sure people are made as whole as possible while at the same time building the infrastructure the city needs.’ he said.

‘There's often a conflict about what the government thinks the land is worth and what the owner of the land believes,’


Meanwhile, legal experts like Flo Mitchell are calling for legislative changes, especially if the Goldmate decision is upheld on appeal, to prevent the erosion of property values through government acquisitions.

‘Right now, the biggest problem is in Western Sydney because that's where the biggest growth is,’ she stated.

‘But in other areas where rezoning is happening…other people could very well be impacted.’
Key Takeaways

  • Residents near the new Western Sydney Airport have criticised the NSW government for offering below-market value prices for their properties, with one family offering a significantly low price for their land.
  • The Lutiger family, who own a six-hectare property in Bradfield, are under financial strain due to medical expenses and have faced delays and low offers from Transport for NSW (TfNSW).
  • An independent community commissioner labelled the government's actions 'grossly unfair' following a court decision that reduced the value of land acquisitions near the airport.
  • There are calls for the government to review and potentially change the law to ensure landowners are not short-changed by the property acquisition process, especially after the significant court ruling affecting land values.
Should the government offer more compensation to residents affected by land acquisitions? How can the legal process better protect landowners in these situations? Let us know in the comments below.
 
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The Government are being ruthless because they know no one else will buy it.. and eventually they will have to move.. let’s hope they up their offer in order to assist them to find/buy another property.
 
Puts me in mind of the movie The Castle. One of my favourite movies.
If you don't take a stand nothing will happen. Needs to get a giant splash on the media. There are a lot of people out there who read the newspaper and watch TV news.
 
Remember they are buying the land/the dirt - not what is on it or it's history or what it might be worth in a possible future.
Well they bloody well should buy the house that’s on it because that’s what they are taking from these people……. They are taking their homes, no, forcibly taking their homes away for as little as they can……..It stinks….
 
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The other way the government gets your land. They rezone it knowing you cannot afford the rates, then they still get it.
 
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