Advising client seeking to invalidate zoning plan for neighbouring lot
Case
RASK’s
attorneys advised a client requesting the invalidation of a zoning plan for a
neighbouring lot.
Although
the zoning plan was adopted 25 years ago, the property owners have yet to begin
implementing it. Over this period, the natural environment in the zoning area
has changed significantly, making the original planning solution unfeasible and
inappropriate.
When a zoning plan no longer aligns with updated environmental needs, there is a public interest in invalidating it. A zoning plan does not provide conclusive public validation that the proposed development meets all requirements, including environmental standards. The more time that passes since a zoning plan’s adoption, the greater the likelihood that new circumstances could prevent its implementation.