If the development potential of your land is less advantageous under a new city plan when compared to the superseded city plan, consideration should be given to making a request to the relevant local government to apply the superseded city plan. The making of a request to apply the superseded planning scheme is required to claim any compensation in circumstances where the new city plan reduces the value in land.
Under the Sustainable Planning Act 2009, a person can make a request to a local government asking it to apply a superseded planning scheme to the carrying out of development. A superseded planning scheme is the planning scheme in force immediately before the planning scheme under which a development application is made, took effect.
A request to apply a superseded scheme must be made within 1 year of the new planning scheme, taking effect – section 95(2)(a), and the request must be in the approved form, be accompanied by the relevant fee and contain a description of the proposed development. If the Council refuses a request to apply the superseded planning scheme, then the relevant provisions in the Sustainable Planning Act 2009 relating to the claiming of compensation become relevant.
Owners of land subject to a new city plan should give consideration as to whether the development potential of the land has changed from that under the superseded city plan. We can provide advice with respect to making a request to apply the superseded city plan.
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