Allocated Public Open Space

No idea on this one. So hoping there might be some gurus out there with some experience.

Looking at an estate and across the road from a block of land is the backyard of a long established house of 30 plus years. House is at the front of a roughly 2 acre block, They're house is facing to a parallel street to the one we're looking at.

The developer plans have their backyard listed as 'allocated public open space'. They don't make any mention of this backyard in their pretty mocked up map.

Is this purely a sales plan of the estate's sales office to make the block more attractive overlooking a little park or could there be some way the existing owner would be forced to part with half their land? Or potentially a clause which divides it in the event they ever sell.

Should note. There's also two streets with the same name described as a 'loop' nearby which don't currently join up, but do in the sales brochure. For the loop to be completed it will also run through the existing home's backyard.

Comments

  • +1

    Where are you talking about, OP?

    If Victoria, look up the PSP for the land: https://planvic.maps.arcgis.com/apps/webappviewer/index.html…

    • Sorry, should've mentioned. It's in Western Australia.

  • +2

    This sounds like an open space contribution: https://nobelius.com.au/news/public-open-space-contribution-…

    Whether the council ever does anything with it is anyone's guess, but still a risky proposition

    • This is handy. Thank you!

  • Are they also planning on putting the high school and train station in their yard?

  • If the subdivision isn’t ‘finished’, the public land doesn’t have a playground or picnic area and paths built anything could happen.

    An artists impression and a fancy brochure doesn’t make a binding contract.

    • Yeah my thoughts too. Blocks facing the potential public open space all have elevated prices compared to the others.

  • +3

    Is it possible that the owners have already sold their back yard to the developer (maybe originally as a hammerhead block or similar) and the fence just isn't down yet?

  • +2

    Public open space is designated land that the developer must turn into a park/reserve. This'll be part of their structure plan and they're not permitted to deviate from it as the council would've signed off on it conditionally.

    It is a bit strange that they've allocated land that they don't have yet, this would tend to get blocked at the council stage. I'd assume they'be aquired the house but the owners are yet to move out? Else it has been known for estates to remain unfinished as the developer was unable to aquire the final block.

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