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Western Australian Planning Commission v Southregal Pty Ltd
Western Australian Planning Commission v Leith

[2017] HCA 7
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.

Files
7.rtf (583.79 KB)
7.pdf (357.08 KB)