sec.31Claiming compensation

### sec.31 Claiming compensation This section is about when a person (an affected owner ) with an interest in premises, at the time an adverse planning change starts to have effect for the premises, may claim compensation because of the adverse planning change. An affected owner may claim compensation if the adverse planning change is a public purpose change. An affected owner may claim compensation in relation to development that is or becomes assessable development after the adverse planning change has effect, if— the local government refuses a superseded planning scheme request in relation to the development; and a development application has been made for the development; and the development application is— refused; or approved with development conditions; or approved in part, with or without development conditions. An affected owner may claim compensation in relation to development that becomes prohibited development after the adverse planning change has effect, if the local government refuses a superseded planning scheme request in relation to the development. However, an affected owner may not claim compensation because of an adverse planning change— to the extent that compensation— is payable under another Act; or has been paid to a previous owner of the interest; or for anything done in contravention of this Act. An affected owner must make a claim for compensation to a local government within— for subsection (2) —2 years after the adverse planning change has effect; or for subsection (3) or (4) —6 months after notice of the decision under subsection (3) (c) or (4) is given to the affected owner. s 31 amd 2020 No. 6 s 30 (sec.31-ssec.1) This section is about when a person (an affected owner ) with an interest in premises, at the time an adverse planning change starts to have effect for the premises, may claim compensation because of the adverse planning change. (sec.31-ssec.2) An affected owner may claim compensation if the adverse planning change is a public purpose change. (sec.31-ssec.3) An affected owner may claim compensation in relation to development that is or becomes assessable development after the adverse planning change has effect, if— the local government refuses a superseded planning scheme request in relation to the development; and a development application has been made for the development; and the development application is— refused; or approved with development conditions; or approved in part, with or without development conditions. (sec.31-ssec.4) An affected owner may claim compensation in relation to development that becomes prohibited development after the adverse planning change has effect, if the local government refuses a superseded planning scheme request in relation to the development. (sec.31-ssec.5) However, an affected owner may not claim compensation because of an adverse planning change— to the extent that compensation— is payable under another Act; or has been paid to a previous owner of the interest; or for anything done in contravention of this Act. (sec.31-ssec.6) An affected owner must make a claim for compensation to a local government within— for subsection (2) —2 years after the adverse planning change has effect; or for subsection (3) or (4) —6 months after notice of the decision under subsection (3) (c) or (4) is given to the affected owner. - (a) the local government refuses a superseded planning scheme request in relation to the development; and - (b) a development application has been made for the development; and - (c) the development application is— (i) refused; or (ii) approved with development conditions; or (iii) approved in part, with or without development conditions. - (i) refused; or - (ii) approved with development conditions; or - (iii) approved in part, with or without development conditions. - (i) refused; or - (ii) approved with development conditions; or - (iii) approved in part, with or without development conditions. - (a) to the extent that compensation— (i) is payable under another Act; or (ii) has been paid to a previous owner of the interest; or - (i) is payable under another Act; or - (ii) has been paid to a previous owner of the interest; or - (b) for anything done in contravention of this Act. - (i) is payable under another Act; or - (ii) has been paid to a previous owner of the interest; or - (a) for subsection (2) —2 years after the adverse planning change has effect; or - (b) for subsection (3) or (4) —6 months after notice of the decision under subsection (3) (c) or (4) is given to the affected owner.