Questão jurídica principal
Whether the later planning zone could be applied to the pending building permit request
Decisão extraída
No. Given the timing of the planning zone and the applicant's reliance interests, the new planning zone could not be given retroactive negative effect against this project.
Fundamentação extraída
The private interest in relying on the existing zoning regime outweighed the public interest in immediate application of the new planning intent. Rule of law and good faith considerations required heightened weight because the planning zone was adopted only during the appeal stage, long after the application had been filed.