Planning blight
A specific form of
loss compensation is compensation for loss resulting from government planning decisions (planning blight). You may be entitled to a have the right to compensation for planning blight which you suffer as a result of an unlawfully taken decision.
Planning blight
If you are disadvantaged through a planning change concerning your parcel, or a parcel in your neighbourhood is disadvantaged, then you can apply for compensation from the mayor and aldermen. For example, if a high-rise building is developed opposite your dwelling (indirect loss resulting from government planning decisions) or if your agricultural land is designated as a conservation area, as a result of which your agricultural options are restricted (direct loss resulting from government planning decisions), you may have the right to compensation for loss resulting from administrative acts.
Level of compensation for loss resulting from government planning decisions
Not all loss resulting from government planning decisions is compensated. Loss which is deemed to fall within 'normal social risk' will be on your account. In all events an amount of loss equal to two percent of the value of your dwelling will be on your account. This means that if the value of your house is 400,000 euro, you can only receive compensation on the value of the property that falls above the amount of 8,000 euro.
An application for compensation of loss resulting from government planning decisions must be submitted within 5 years after the zoning plan becomes irrevocable. It is therefore of great importance to closely follow the planning changes in your neighbourhood, and if you suffer loss to submit an application for compensation of loss resulting from government planning decisions in a timely manner.
In case of loss resulting from government planning decisions many more issues play a role, such as foreseeability, active and passive assumption of risk, transitional law and the capitalisation rate. Taking into consideration to the considerable financial interests which are often involved in this and the specific knowledge which is required, it is advisable to obtain expert advice from a lawyer in a timely manner.
AK Advocaten is specialised in loss resulting from government planning decisions and in obtaining any compensation for loss resulting from administrative acts. If you have suffered loss as a result of a planning change then we would like to advise you regarding the steps to be taken.
Would you like to find out more about how AK Advocaten can assist you? Then please send us an email or phone for further information. We would like to hear from you.
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Property Law