Dezoning - any legal challenge

I note local authorities are starting to draft new development plans which incorporate dezoning areas that were zoned in recent plans.

Surprised this is going through under the radar, would have thought someone somewhere would launch a challenge to it, perhaps on the basis of legitimate expectation after forking out vast fortunes to acquire zoned lands. Anyone know of one?

Ste.phen

That depends on whether the 'forking out tons of cash for unbuilt land in expectation of making a fortune from it because it was zoned for development' was ever something one could be sure of.
I'd be inclined to think that it wasn't, and people using zoned land as a piggybank were always taking a gamble.

antoinolachtnai

I would say that if they haven't already applied for planning or aren't right on the cusp of applying, they won't be in a particularly strong position. If they do apply, they'll obviously have a limited time in which to build to take advantage of the permission.

Of course, this is speculation on my part. There is something to the legitimate expectation if you actually intended to build, but if you just intended to sell it on, I don't think there's much chance, since the local authority isn't preventing you from doing anything.

Ste.phen

I thought once permission was applied, regardless of future zoning changes, you could still act on that permission until it expired?

(i.e zoning is used as a fairly strong criteria in the decision to grant permission for a particular application, but doesn't preclude previously approved developments from going ahead)

godtabh

Planning is generally for 5 years but you can get 10. Most development plans are at least 5 years

Victor

Conor74 wrote: »

I note local authorities are starting to draft new development plans which incorporate dezoning areas that were zoned in recent plans.

This is an ongoing process. Not only are plans amended, but each council has its own timetable.

Surprised this is going through under the radar, would have thought someone somewhere would launch a challenge to it, perhaps on the basis of legitimate expectation after forking out vast fortunes to acquire zoned lands. Anyone know of one?

one of the planning acts from about 1990 prevents a landowner / applicant from gaining compensation for refused permission. I'm not sure of the exact details.

antoinolachtnai

yup, that's what i mean, you don't really have a legitimate expectation of anything until you actually have planning permission.