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Judgment date
Case number
P47/2016
P48/2016
Before
Kiefel, Bell, Gageler, Keane, Nettle JJ
Catchwords
Town planning (WA) – Compensation – Where land reserved for public purpose under planning scheme – Where s 173 of Planning and Development Act 2005 (WA) makes provision for landowner to be compensated where land injuriously affected by making or amendment of planning scheme – Where, under s 177, compensation not payable until land first sold after reservation or responsible authority refuses development application or grants application on unacceptable conditions – Where landowners purchased land affected by planning scheme after date of reservation – Where purchasers applied to develop land and were refused – Whether purchasers entitled to compensation.
Words and phrases – "compensation", "injurious affection", "planning scheme", "reservation".
Metropolitan Region Town Planning Scheme Act 1959 (WA) – s 36.
Planning and Development Act 2005 (WA) – ss 171, 173, 174, 176, 177.
Town Planning and Development Act 1928 (WA) – ss 11, 12.