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Nov 17, 2021Liked by Brian Potter

Wow something I actually know about as someone not in construction who still finds your writing fascinating.

One of the biggest problems that leads to the complexity and the cost of planning to developers is the lack of uniform zoning/planning law. In my state zoning/planning is a local government responsibility and so every council has different zoning regulations. In my state that’s 79 different regulations. My local regulations are just under 1200 pages with 50 pages of amendments. As councils are elected often new councillors want to leave their lasting stamp on the area and write new zoning rules. This adds a ridiculous legal cost for developers because of local knowledge/expertise.

Lastly something to stress is the time cost as well. The average time to process the median planning proposal is 96 days where I live (most of which are small residential renovations: ie kitchens / added garage /new driveway etc). Skyscrapers are obviously far far longer. The bureaucracy of the planning commissions are infuriating. They only started accepting electronic planning applications LAST YEAR in some places due to Covid which is absurd since it’s been commonplace in the courts for at least 10+ years in most things. On appeal to the administrative tribunal 50% of appealed planning decisions get overturned (basically a coin flip!)

For all your articles about how construction is resistant to change, the Legal industry might give it a run for its money!

Thanks for the great work!

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