Posted by: Megan Tilbrook
Over the last couple of months we have had clients inform us about the impact the changes from City Plan 2000 to City Plan 2014 have had on their land. For those who have sites where the changes have had a negative impact on the development potential we have considered in consultation with our clients and their team of experts whether it would be appropriate for a request to be made to apply the superseded planning scheme to a development application.Section 95 of the Sustainable Planning Act 2009 allows a request to be made to the council to apply the provisions of City Plan 2000 to assessable development. Any request however must be made within 12 months of the new scheme coming into effect - that is the request must be made by 30 June 2015.
If the council decides to refuse to apply the superseded scheme there are some circumstances where compensation can be claimed for the reduction in the value of the land. To have the ability to claim compensation however it is essential that a request be made to apply the old scheme first.
If you have any concerns about the impact City Plan 2014 has had on your land you must take action prior to 30 June 2015, or your rights will be lost forever.
