An aerial photo of a roundabout and houses

The purpose of a Planning Control Area (PCA) is to protect land that has been earmarked for a public purpose such as a road or railway. PCAs are increasingly being used by the State Government to identify land that will be used for future road or railway development, such as Metronet, to ensure that no development occurs on the land which might prejudice its purpose or potential reservation. While this may be useful for the State Government, the question for a landowner is – how does this affect my land and what rights do I have when a PCA is declared on my land?

What you can and can’t do with a PCA over your land
If a PCA is declared over your land, there are a few things to be aware of:
• You can retain ownership and use of your land until the State Government acquires it.
• You can undertake any development or subdivision on your land that was approved prior to the PCA.
• You can sell your land on the open market or to the Western Australian Planning Commission.
• You will need consent from the Western Australian Planning Commission if you would like to undertake any new development on your land.

Can you get compensation?
There are two main avenues for compensation for landowners once a PCA is declared:
1. Right to claim compensation for injurious affection; and
2. Compensation once the land has been compulsorily acquired.

Compensation for injurious affection
Once a PCA is declared over your land, you can make a claim for compensation for injurious affection if the Western Australian Planning Commission has refused your application for development or approved development subject to unacceptable conditions, of if you sell your land below market price.

Compulsory acquisition
You can claim compensation once the State Government has compulsorily acquired your land. This compensation may be greater than what you could receive through injurious affection.

 

We have experience dealing with land compensation cases for land affected by PCAs. If you are affected by a PCA and wish the get advice on which option is right for you or you need help seeking compensation, please contact us by telephone on (08) 6460 5179 or email at admin@glenmcleodlegal.com.