The Supreme Court of Western Australia recently confirmed that
compensation for injurious affection may be available for persons
who subsequently purchased property from the owner at the time a
scheme came into effect, in the case of Leith v Western
Australian Planning Commission [2014] WASC 499.
Injurious affection generally
Under section 173(1) of the Planning and Development Act
2005 (WA) (PD Act) any person whose land is
injuriously affected by the making or amendment of a planning
scheme is entitled to claim compensation in respect of the
injurious affection from the responsible authority.
Section 174 of the PD Act provides that land is injuriously
affected by reason of the making or amendment of a public scheme if
that land is reserved for a public purpose, the scheme permits
development on the land for no purpose other than a public purpose,
or the scheme affects the non-conforming use of the land in the way
described in section 174(1)(c).
