(1) Subject to
subsection (2), land is injuriously affected by reason of the making or
amendment of a planning scheme if, and only if —
(a) that
land is reserved (whether before or after the coming into operation of this
section) under the planning scheme for a public purpose; or
(b) the
scheme permits development on that land for no purpose other than a public
purpose; or
(c) the
scheme prohibits wholly or partially —
(i)
the continuance of any non-conforming use of that land;
or
(ii)
the erection, alteration or extension on the land of any
building in connection with or in furtherance of, any non-conforming use of
the land, which, but for that prohibition, would not have been an unlawful
erection, alteration or extension under the laws of the State or the local
laws of the local government within whose district the land is situated.
(2) Despite subsection
(1)(c)(ii), a planning scheme which prescribes any requirement to be complied
with in respect of a class or kind of building is not to be taken to have the
effect of so prohibiting the erection, alteration or extension of a building
of that class or kind in connection with, or in furtherance of that class or
kind in connection with, or in furtherance of, non-conforming use.
(3) Where a planning
scheme wholly or partially prohibits the continuance of any non-conforming use
of any land or the erection, alteration or extension of any building in
connection with or in furtherance of a non-conforming use of any land, no
compensation for injurious affection is payable in respect of any part of the
land which immediately prior to the coming into operation of the scheme or
amendment does not comprise —
(a) the
lot or lots on which the non-conforming use is in fact being carried on; or
(b) if
the prohibition relates to a building or buildings standing on one lot, the
lot on which the building stands or the buildings stand; or
(c) if
the prohibition relates to a building or buildings standing on more than one
lot, the land on which the building stands or the buildings stand and such
land, which is adjacent to the building or buildings, and not being used for
any other purpose authorised by the scheme, as is reasonably required for the
purpose for which the building or buildings is or are being used.
(4) If any question
arises under subsection (3) as to whether at any particular date, any land
—
(a) does
or does not comprise the lot or lots on which a non-conforming use is being
carried on; or
(b) is
or is not being used for any purpose authorised by a scheme; or
(c) is
or is not reasonably required for the purpose for which any building is being
used,
the claimant or
responsible authority may apply to the State Administrative Tribunal for
determination of that question.