Queensland Numbered Acts

PLANNING ACT 2016 - SECT 33

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(c) any conditions or other limitations that might reasonably have applied to development of the premises under the superseded planning scheme; and

(d) for an adverse planning change that was the subject of a superseded planning scheme request—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the effect of any other planning change that started to have effect after the adverse planning change but before the superseded planning scheme request was made; and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.