(1) This section is about when a person (an
"affected owner" ) with an interest in premises, at the time an adverse
planning change starts to have effect for the premises, may claim compensation
because of the adverse planning change.
(2) An affected owner may claim
compensation if the adverse planning change is a public purpose change.
(3)
An affected owner may claim compensation in relation to development that is or
becomes assessable development after the adverse planning change has effect,
if—
(a) the local government refuses a superseded planning scheme request in
relation to the development; and
(b) a development application has been made
for the development; and
(c) the development application is—
(i) refused;
or
(ii) approved with development conditions; or
(iii) approved in part,
with or without development conditions.
(4) An affected owner may claim
compensation in relation to development that becomes prohibited development
after the adverse planning change has effect, if the local government refuses
a superseded planning scheme request in relation to the development.
(5)
However, an affected owner may not claim compensation because of an adverse
planning change—
(a) to the extent that compensation—
(i) is payable under
another Act; or
(ii) has been paid to a previous owner of the interest; or
(b) for anything done in contravention of this Act.
