2021-05-17 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                           17 MAY 2021


3.3. Potential for Compensation
Under the Planning Act 2016 a person who was the owner of the premise when The Noosa Plan
2020 commenced (referred to in the Act as an affected owner), may make a claim for compensation
where:
     the planning scheme change reduces the value of an interest in premises (referred to in the
      Act as an adverse planning change);
     The request to apply the superseded planning scheme is refused;
     Where the development is assessable under the Superseded Planning Scheme, the
      application is made and refused, approved with conditions or approved in part or
     Where the adverse change is a public purpose change.
However, pursuant to s30(4) of the Act an adverse planning change does not include a planning
change that:
(a)   has the same effect as another statutory instrument, other than a TLPI, for which compensation
      is not payable; or
(b)   is made to comply with the regulated requirements; or
(c)   includes infrastructure in a planning scheme, or removes or changes the infrastructure shown
      in a planning scheme, including under a designation; or
(d)   is about matters included in a LGIP; or
(e)   is made—
      (i) to reduce a material risk of serious harm to persons or property on the premises from natural
          events or processes (bush fires, coastal erosion, flooding or landslides, for example); and
      (ii) under a provision of the Minister’s rules that applies specifically to the making of a planning
           change to reduce the risk; or
(f)   is about the relationships between, the location of, or the physical characteristics of, buildings,
      works or lots, if the yield achievable is not substantially different from the yield achievable
      before the change; or
(g)   is made under section 276(1)(c) to identify all or part of a local government area as a party
      house restriction area
Notably for (f) above, the yield achievable is not substantially different from the yield achievable
before the change, in relation to building work for a residential building, if the gross floor area of the
residential building - (a) is not more than 2,000m2; and (b) is reduced by not more than 15%.
The applicant maintains that the changes are adverse planning changes which have reduced the
value of an interest in the premises and that refusal to apply the SPS to a development application
may trigger claims for compensation. Whilst it is acknowledged that the new planning scheme does
raise some additional considerations, it is likely that a similar lot yield is able to be achieved under
both the SPS and the Noosa Plan 2020. However, the requirement to rehabilitate the riparian buffer
is an enhanced requirement which would add increased costs and responsibilities when developing
the site under the Noosa Plan 2020.
In any event it is important to note that the proposed development would require modification in order
to satisfactorily address the site constraints and the requirements of the superseded planning
scheme, including a widening of the access way and provision for car parking.
The current owner is an affected owner and in the circumstances the owner may reasonably apply
for compensation if the request is refused.




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