When and how you can claim compensation will depend upon
the type of adverse planning change.
This article is the fourth in our series examining the key
provisions of the new Planning Act which is expected to commence on
3 July 2017.
Compensation arrangements, in relation to planning changes that
reduce the value of interest in land, carry forward from the
Sustainable Planning Act 2009 (Qld) (SPA) and are
now referred to as "adverse planning changes". New
arrangements are in place for planning changes made as a result of
natural hazards.
Adverse planning change
A person with an interest in premises at the time an
adverse planning change starts to have effect for
the premises (an affected owner), may claim compensation under the
Planning Act because of the adverse planning change. An adverse
planning change is a planning change that reduces the value of an
interest in premises (which does not include the making or amending
of a Temporary Local Planning