A condition imposed on subdivision approval under s 20 of the Town Planning and Development Act 1928 (WA) requiring ceding of land free of cost cannot be used to extinguish a specific statutory right to compensation for injurious affection under s 36 of the Metropolitan Region Town Planning Scheme Act 1959 (WA). The avoidance of compensation liability is a fiscal, not a planning, objective and does not constitute a legitimate planning purpose within the Newbury criteria. A deferred statutory right to compensation, where enjoyment is contingent on a triggering event, is nonetheless a specific, definite, substantive right attracting the Clissold presumption against statutory interference.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
1 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.