Under the WA town planning compensation scheme (s 11(4) TPD Act and s 36 MRTPS Act), the MRPA/WAPC may agree the amount of compensation for injurious affection with a claimant without engaging a third-party determination process; s 11(4) is engaged only when a 'question' exists between the parties. The validity of such a payment is not conditioned on a valid Board of Valuers' valuation, a valid MRPA resolution of affected value, or a legally enforceable contract. A subsequent finding that the compensation exceeded the s 36(6) cap would not invalidate the payment, applying Project Blue Sky principles.
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