Western Australian Planning Commission v Southregal Pty LtdWestern Australian Planning Commission v LeithCitation:[2017] HCA 7Before:Kiefel, Bell, Gageler, Keane, Nettle JJDate:08 Feb 2017Case Number:P47/2016, P48/2016Read more

Western Australian Planning Commission v Southregal Pty LtdWestern Australian Planning Commission v LeithCitation:[2017] HCA 7Before:Kiefel, Bell, Gageler, Keane, Nettle JJDate:08 Feb 2017Case Number:P47/2016, P48/2016Read more

Purchasers who acquire land after it has been reserved for a public purpose under a planning scheme are not entitled to compensation under s 173 of the Planning and Development Act 2005 (WA) when their development application is refused, as the right to compensation is limited to those who owned the land at the time of reservation.

Parties
Applicant: Unknown Landowners (Purchasers); Respondent: Responsible Authority (Western Australia)
Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Land Reserved for Public Purpose, Compensation for Injurious Affection, Timing of Compensation Entitlement
Town Planning Compensation Law Land Reserved for Public Purpose Compensation for Injurious Affection Timing of Compensation Entitlement

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Parties

Unknown Landowners (Purchasers)

Applicant

Responsible Authority (Western Australia)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether purchasers of land reserved for public purpose under a planning scheme are entitled to compensation when their development application is refused after purchase
  2. 2 Interpretation of s 173 and s 177 of the Planning and Development Act 2005 (WA) regarding compensation timing and entitlement

Ratio Decidendi

Purchasers who acquire land after it has been reserved for a public purpose under a planning scheme are not entitled to compensation under s 173 of the Planning and Development Act 2005 (WA) when their development application is refused, as the right to compensation is limited to those who owned the land at the time of reservation.

Court Disposition

Appeal dismissed

Orders

  • Purchasers are not entitled to compensation under s 173 of the Planning and Development Act 2005 (WA)
  • No order as to costs specified