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PLANNING AND DEVELOPMENT ACT 2005 - SECT 185

PLANNING AND DEVELOPMENT ACT 2005 - SECT 185

185 .         Injurious affection due to interim development order

        (1)         Compensation for injurious affection to any land within a regional order area or a local order area or for loss arising from any other cause is payable under this Part as a result of the operation of the relevant interim development order if, and only if —

            (a)         the Commission or the local government administering the interim development order —

                  (i)         refuses an application made under that interim development order for approval of development on that land; or

                  (ii)         grants such an application subject to conditions,

                on the ground that the proposed planning scheme for the regional order area or local order area, as the case requires, is to include that land within a reservation for public purposes; and

            (b)         any decision for the review of which the claimant has made an application under section 249 has been affirmed in whole or in part by the State Administrative Tribunal.

        (2)         The Commission or local government, as the case requires, may, and if the claimant so requests is to, purchase any land injuriously affected at a price not exceeding the value of that land at the time of —

            (a)         the refusal of approval; or

            (b)         the grant of approval subject to conditions,

                without regard to any increase in value attributable wholly or in part to the proposed region planning scheme or proposed local planning scheme for the regional order area or local order area in which the land is situated.

        (3)         If the land is not purchased under subsection (2), when compensation of the kind referred to in subsection (1) is claimed that compensation is to be determined by arbitration in accordance with the Commercial Arbitration Act 2012 or by some other method agreed by the parties.

        [Section 185 amended: No. 23 of 2012 s. 45.]