How can I claim compensation for an adverse planning change?

The Planning Act 2016 allows a person with an interest in a property (known as an 'affected owner') to claim compensation from a local council when the value of the person's interest is reduced as a result of a change to a local planning instrument (i.e. a change to a planning scheme). The Planning Act refers to these changes as 'adverse planning changes'.

In order to claim compensation, a person must have an interest in the property at the time the change to the local planning instrument took effect.

In most cases, a claim can be made when the change:

• limits the use of the property to its lawful use at the time the change was made, or the change is for a public purpose (this is known as a 'public purpose change');