The WAPC acquires properties reserved under region schemes for primary and other regional roads, parks and recreation and regional open space areas, special uses including planning control area and improvement plans, and major land development projects.
The WAPC acquires reserved land on a long-term strategic basis and mostly acquires land at the request of landowners. Land which is affected by a reservation in a region scheme can generally remain in private ownership until the government needs it for the public purpose.
There are several options available to the owners of reserved land.
- Retain ownership of your property and continue quiet enjoyment of the property until the government needs it for the public purpose. You may complete any development or subdivision of the property approved before the reservation came into effect. Under non-conforming use rights, you may continue to use the property for the purpose for which it was legally being used immediately before the reservation came into effect.
- Sell the property on the open market to another person(s). The WAPC recognises that due to the reservation this may be difficult. Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property if an owner is unable to achieve a private sale on the open market.
- Offer the property for sale to the WAPC. Subject to acquisition priorities and the availability of funds, the WAPC would be willing to consider purchasing a reserved property. The WAPC purchases a property at its current market value ignoring the effect of the reservation. The WAPC obtains two independent valuations to provide it with advice on the value of the property.
- If the WAPC refuses a development application on reserved land, or approves a development application subject to conditions that are unacceptable to the applicant, the applicant can make a claim for compensation for injurious affection. However, you must be the owner of the property when it was first reserved to be eligible to make a claim. In such cases, the WAPC may elect to purchase the property instead of paying compensation. The purchase price can be determined by negotiation, by reference to the State Administrative Tribunal or by arbitration.
If your land is reserved in a region scheme and you are the owner of the land when it was first reserved, you may be able to make a claim for compensation for injurious affection if:
- you wish to sell the property on the open market at a reduced price; or
- the WAPC either has refused a development application over the property or has approved a development application over the property subject to conditions that are unacceptable to the applicant.
For more information on compensation, please read the Your property and the planning system - region schemes brochure available for download below.
