Re: Re: Developments in Cork
well first of all, if that happens, someone in the planning office would have to explain themselves if public funds have to be used to compensate the developer and the planning department didnt cop on to the fact that they might have to pay him.
Presume though, even if compo had to be paid, he would only get compo for 4 houses, i.e. the original refusal.
What the act states is that if compensation is to be paid then it has to be equal to the value of the land prior to the making of the decision less the remaining value after the decision. It follows that if it is deemed to be compensable then planning should have been obtainable at some point during the lifetime of the plan. This would give it a value of at least the level of value assuming planning had been granted for the 44 units (and not 4) and also it seems at the value at the time of the making of the application and not at todays near worthless levels.