❓ Hon George Cash asks the Minister for Planning and Infrastructure about a compensation claim from Mr. Lendich regarding subdivision potential affected by a City of Swan town planning scheme amendment. The Minister clarifies the responsible authority for compensation claims.
AnsweredQoN 1025Legislative Council
QuestionView source ↗
(1) Is the Minister aware of correspondence to the Premier from Mr Vladimir Lendich of Karrinyup, the owner of land in Bullbrook the subject of City of Swan Town-Planning Scheme No. 9 Amendment Number 356 who is seeking compensation from the Government for his inability to subdivide his land?
(2) If yes, can the Minister advise what provisions of the
Town Planning and Development Act 1928
provide for an individual to claim compensation for injurious affection as a result of the making of a town planning scheme?
(2) If yes, can the Minister advise what provisions of the
Town Planning and Development Act 1928
provide for an individual to claim compensation for injurious affection as a result of the making of a town planning scheme?
AnswerView source ↗
Answered
11 September 2003
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
30 days
Mr Lendich’s claim that his land had greater subdivision potential prior to the gazettal of Amendment No. 356 was speculative and is not consistent with Western Australian Planning Commission (WAPC) policies relating to rural subdivision. As rural zoned land it is unlikely the WAPC would have supported any subdivision without the amendment. (2) Section 11 of the Town Planning and Development Act 1928 provides for a claim for compensation from the responsible authority. In this instance because such a claim would be in relation to an amendment to the City of Swan Town Planning Scheme No 9 the responsible authority is the City of Swan rather than the State Government.
(2) Section 11 of the Town Planning and Development Act 1928 provides for a claim for compensation from the responsible authority. In this instance because such a claim would be in relation to an amendment to the City of Swan Town Planning Scheme No 9 the responsible authority is the City of Swan rather than the State Government.
(2) Section 11 of the Town Planning and Development Act 1928 provides for a claim for compensation from the responsible authority. In this instance because such a claim would be in relation to an amendment to the City of Swan Town Planning Scheme No 9 the responsible authority is the City of Swan rather than the State Government.
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