What is the test for rezoning a residential development?
Nova Scotia, Canada
The following excerpt is from Smith's Field Manor Development LTd. v. Halifax (City), 1988 CanLII 5625 (NS SC):
In the City of Ottawa v. Boyd Builders Ltd. (1965), 1965 CanLII 1 (SCC), 50 D.L.R. (2d) 704 at p. 705, [1965] S.C.R. 408, Spence J. said: An owner has a prima facie right to utilize his own property in whatever manner he deems fit subject only to the rights of surrounding owners, e.g., nuisance, etc. This prima facie right may be defeated or superseded by rezoning. Three prerequisites are established by the municipality, (a) a clear intent to restrict or zone existing before the application by the owner for a building permit, (b) that council has proceeded in good faith and, (c) council has proceeded with dispatch.
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