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Planning and Environment Act 1987

Planning and Environment Act 1987 ("the P&E Act")

If your land is adversely affected by an authority's intention to require the whole or part of your land for its purposes, there is potential to claim compensation for a reduction in the value of your land even if the authority does not intend to compulsorily acquire the required part of your land in the foreseeable future. The circumstances in which the authority's intention may arise are set out below, each of which has requirements to be met before such claims will be successful:-

  1. Appropriation of land for a public purpose in a Precinct Structure Plan ("PSP").
    If any part of your land has been appropriated for a public purpose within a PSP (e.g. primary school).
  2. Amendment (or proposed Amendment) to the Planning Scheme.
    If any part of your land is or will be required by an authority for a public purpose and the authority has obtained or seeks an amendment to the Planning Scheme to apply a public acquisition overlay to your land.
  3. Refusal of Planning Permit Application.
    If you seek a planning permit and your application is refused on the basis that the whole or part of your land is or will be required for a public purpose.
  4. Proposal to sell land which is blighted by an authority's intention.
    If you attempt to sell your land and discover that its value has been reduced due to the marketplace being aware that an authority has a future intention to require the whole or part of your land for its purposes without having sought or obtained an amendment to the Planning Scheme.

In these circumstances, you should consult us. A claim for compensation pursuant to the P&E Act is complex and requires strict adherence to all preconditions to be successful.

If you seek further advice or wish to retain our firm, please see our Enquiry & Instruction page.