Re: Re: Developments in Cork
@the hawk wrote:
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.
so how do you value open space? and if it can be shown that the decision to ensure open space is not redeveloped was only prompted by this decision, i.e. relates to open space in Cork in the future, then there would be no compo.
I suppose it comes down to whether it was decided to refuse based on the ground being open space, or whether the refusal was because the change in plan against the development of open space was in relation to this site