Western Australian Planning Commission v Southregal Pty Ltd [2017] HCA 7

Western Australian Planning Commission v Southregal Pty Ltd [2017] HCA 7

On the true construction of ss 173 and 177 of the Planning and Development Act 2005 (WA), the right to claim compensation for injurious affection caused by the reservation of land for a public purpose vests solely in the person who was the owner of the land at the date of the reservation. This right is not transferable to a subsequent purchaser, and, where the land has been first sold since reservation, a later refusal of a development application does not give a new compensation entitlement to a new owner.

Parties
Appellant: Western Australian Planning Commission; Respondent: Southregal Pty Ltd; Respondent: Mr Wee; Respondent: Trevor Neil Leith
Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal allowed
Legal Topics
Compensation for Injurious Affection, Town Planning Schemes, Statutory Construction, Entitlement to Compensation, Temporal Scope of Compensation Rights
Planning and Development Compensation Compensation for Injurious Affection Town Planning Schemes Statutory Construction Entitlement to Compensation Temporal Scope of Compensation Rights

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Parties

Western Australian Planning Commission

Appellant

Southregal Pty Ltd

Respondent

Mr Wee

Respondent

Trevor Neil Leith

Respondent

Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 Whether purchasers of land reserved for public purposes after the date of reservation are entitled to compensation under the Planning and Development Act 2005 (WA) upon refusal of development approval under s 177(1)(b), or whether compensation is only available to the owner at the date of reservation.

Ratio Decidendi

On the true construction of ss 173 and 177 of the Planning and Development Act 2005 (WA), the right to claim compensation for injurious affection caused by the reservation of land for a public purpose vests solely in the person who was the owner of the land at the date of the reservation. This right is not transferable to a subsequent purchaser, and, where the land has been first sold since reservation, a later refusal of a development application does not give a new compensation entitlement to a new owner.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed in both matters.
  • Orders (a) and (b) of the Court of Appeal of the Supreme Court of Western Australia dated 24 March 2016 set aside.