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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premises under the superseded planning scheme; and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planning change that was the subject of a superseded planning scheme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effect after the adverse planning change but before the superseded planning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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