4 July 2013
of the Legislative Council
ZONING APPLICATIONS (LAND USE)
Mr FINCH (Question) - Mr President, my
question is to the honourable leader. If it can be shown that a property owner,
fettered with restrictive zoning regulations to a point where building a home
on land held in fee simple becomes impractical, and if it can be shown that a
landholder has had his land value reduced by 80 to 90 per cent, can the owner
expect compensation, or at worst some rate relief?
Mr FARRELL - Mr President, I thank the honourable
member for Rosevears for his question. The Land Use Planning
and Approvals Act 1993 (the Act) does not provide for compensation in the event
a particular development proposal, such as building a house, is prohibited or
not approved under a particular land use zone in a local statutory planning
scheme, except where the zoning has changed to public open space. The act does
provide statutory processes for a landowner to apply to a local planning
authority to amend the planning scheme to change the use and development
provisions relating to specific areas of land. In the event that such an
application is unsuccessful the act does not provide for compensation.
The Local Government Act 1993 does enable councils to determine
rate remissions, but does not specifically refer to the circumstances outlined
in the member's question.