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PLANNING ACT 2016 - SECT 33
Amount of compensation payable
33 Amount of compensation payable
(1) The amount of compensation payable to the affected owner is the difference
between the market value of the owner’s interest in premises immediately
before, and immediately after, the adverse planning change.
(2) When deciding
the market value immediately after the adverse planning change, the
local government must consider— (a) any benefit to the owner’s interest in
the premises, or in neighbouring premises, because of the adverse planning
change; and Example— the likelihood of improved amenity in the locality of
the premises
(b) any benefit to the owner’s interest in neighbouring
premises because, after the adverse planning change but before the
compensation claim was made— (i) another planning change started to have
effect; or
(ii) infrastructure, other than infrastructure that the owner
funds, was constructed or improved on the neighbouring premises; and
(c) any
conditions or other limitations that might reasonably have applied to
development of the premises under the superseded planning scheme; and
(d) for
an adverse planning change that was the subject of a superseded planning
scheme request— (i) the effect of any other planning change that started to
have effect after the adverse planning change but before the superseded
planning scheme request was made; and
(ii) the effect of any development
approval mentioned in section 31 (3) (c) (ii) or (iii) .
(3) However, the
local government must not consider the effect of— (a) any TLPI; or
(b) the
land being joined with, or separated from, other land.
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