Call for help for property owners
A story in Saturday's newspaper misidentified a chartered surveyor calling for Government compensation of properties devalued by zoning changes. The surveyor was Mr. Ted Gauntlett, not Mr. Ralph Gauntlett.
A chartered surveyor has called for Government to compensate landowners whose properties are devalued by zoning changes.
And the tribunal hearing objections to the 1992 Bermuda Development Plan may look into the demand that at least some compensation come out of the public purse.
The tribunal made the move after chartered surveyor Mr. Ralph Gauntlett said yesterday that re-zonings of potentially lucrative residential areas to zones of lesser value could cause huge financial losses for landowners.
The surveyor, who is a United Bermuda Party election candidate in Sandys South, has called on Government to pay part of the compensation out of the public purse.
"The principle that planning permission is required for all development of land has a drastic effect on land values,'' Mr. Gauntlett said. "Planning permission for development therefore increases the value of a piece of land often by several hundred percent providing that there is a practical possibility of carrying out the proposed development. "For example a site of 20 acres may only have a modest current use value of $1 million as agricultural land.
"However with permission for housing at `Residential Two' zoning standards, as has been possible in the past, it may instead easily be marketable in excess of $10 million, thus, immediately creating a development value of at least $9 million upon grant of the final planning permission only depreciated by the cost of roads and other essential services.
"It therefore follows that a person refused planning permission may have a moral claim to compensation for the loss of his chance of development value or the depreciation in value.'' Mr. Gauntlett asked the tribunal to consider certain Acts which backed his case but stated that the only real redress is through the Constitution. He said he had not heard of a successful claimant.
He said: "As a consequence, Government's persistent refusal to improve the aggrieved's avenue for compensation arising from planning constraints, in my opinion, flies in the face of reasonable treatment accorded citizens in civilised jurisdictions elsewhere. For example Britain.'' Bermuda should be modelling itself on those jurisdictions according to the chartered surveyor who is employed by a number of people to fight the Bermuda Plan zoning.
"After all, unlike other jurisdictions we have a finite and extremely small land mass in which to exercise the least elastic of the three factors of production which is land,'' he said.
"Bermudians have nowhere else to go. Surely it is eminently sensible and reasonable to grant the fairest possible treatment to landowners now so dramatically affected as a result of this new Development Plan?'' Chairman of the tribunal Mr. Jack Lightbourne said: "I think it is going to be very difficult for the tribunal to make any comments. We will reserve our comments for when the report is completed.'' Tribunal member Mr. Peter Smith said: "This is a political decision.'' Mr.
Gauntlett agreed but said that any comments made the tribunal would be highly regarded by Government.
