Overcoming Impediments To Development

Many developments do not proceed due to the difficulty of obtaining easements for access or drainage or other services over adjoining land. In some instances neighbouring owners will be opposed to a proposed development and will refuse to give easements in an endeavour to thwart the proposed development. In other cases, there will be a failure to negotiate a mutually acceptable purchase price or other terms of agreement.

Policy makers have long recognised this difficulty and have been particularly concerned that the overall public interest inherent in the implementation of public planning policies should not suffer. They have been equally concerned not to unfairly interfere with basic property rights.