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Planning Act 2016
sec.296Compensation claims
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### sec.296 Compensation claims
This section applies if—
a person, immediately before the commencement, had a right to make a claim for compensation under the old Act, sections 704 to 707, but had not made a claim; or
after the commencement, a local government gives a person a notice under the old Act, section 97, refusing the person’s request to apply a superseded planning scheme; or
a person had made a development application mentioned in the old Act, section 704(1)(d), before the commencement and, after the commencement, the application is refused or approved in part.
The person may make a claim for compensation under the old Act and, for that purpose, the old Act continues to apply to—
a development application, or a request for compliance assessment made for the development for which the request was made; and
the claim.
See section 312 for appeal rights in relation to claims under this section.
(sec.296-ssec.1) This section applies if— a person, immediately before the commencement, had a right to make a claim for compensation under the old Act, sections 704 to 707, but had not made a claim; or after the commencement, a local government gives a person a notice under the old Act, section 97, refusing the person’s request to apply a superseded planning scheme; or a person had made a development application mentioned in the old Act, section 704(1)(d), before the commencement and, after the commencement, the application is refused or approved in part.
(sec.296-ssec.2) The person may make a claim for compensation under the old Act and, for that purpose, the old Act continues to apply to— a development application, or a request for compliance assessment made for the development for which the request was made; and the claim. See section 312 for appeal rights in relation to claims under this section.
- (a) a person, immediately before the commencement, had a right to make a claim for compensation under the old Act, sections 704 to 707, but had not made a claim; or
- (b) after the commencement, a local government gives a person a notice under the old Act, section 97, refusing the person’s request to apply a superseded planning scheme; or
- (c) a person had made a development application mentioned in the old Act, section 704(1)(d), before the commencement and, after the commencement, the application is refused or approved in part.
- (a) a development application, or a request for compliance assessment made for the development for which the request was made; and
- (b) the claim.