Thursday 4 July 2013

Hansard of the Legislative Council


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.