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05-02-2013

The WA Planning Commission has declared a Planning Control Area 104 over Scarborough Beach Road (Main Street to King Edward Road).

Scarborough Beach Road previously had a Metropolitan Region Scheme reservation over it for the planned road widening, however this has been amended with a Planning Control Area put in place. This new scheme has the same legal import as a reservation and allows an affected owner the right to compensation under the Planning and Development Act.

 

A Planning Control area has the same legal import as a reservation and affords an affected owner a right to compensation under the Planning and Development Act. Under this Act the amending of the reservation may allow you to make a claim for compensation now, or you may wish to wait till the requirement is compulsorily taken.

 

If you were the owner of an affected property when the original Metropolitan Region Scheme reservation was declared then you have rights under the old reservation and this new requirement.

 

The WAPC previously were accepting all claims received from owners original or subsequent. Now (maybe because of lack of funding) they are saying that only the original owner can make a claim. We do not agree with this stance as the Act appears quite clear as to who can claim.

WA Land Administration is proposing to contact all affected owners of the PCA 104 advising them of their rights.

 

We would be happy to discuss the affect of the proposed PCA on your property and your options in respect to any claims for compensation.

 

We only work for private owners and don’t take instructions from government departments. We work to accomplish the result you require.

 

For more information about the new scheme and who is affected, click here.