41Acquisition of land within Zone 6 (a)

41 Acquisition of land within Zone 6 (a)

41 Acquisition of land within Zone 6 (a)

(1) The owner of any land within Zone 6 (a) may, by notice in writing, request the Council to acquire that land.

(2) On receipt of such a notice, the Council must acquire the land

(3) Until the land is acquired, a person may, with the consent of the Council, carry out development on land within Zone 6 (a)—

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(4) The Council shall not grant consent to a development application to which subclause (3) applies unless it has considered—

(a) the need for the proposed development on that land, and

(b) the effect of the proposed development on the costs of acquisition of the land, and

(c) the imminence of the acquisition, and

(d) the likely impact of the proposed development on—

(i) the environment, and

(ii) the proposed future use of the land for open space, and

(iii) the amenity of adjoining property owners or residents.

(5) The Council may, in granting consent in accordance with subclause (3), require—

(a) the removal of structures for which it has granted consent, and

(b) the re-instatement of the land and the removal of any waste materials or refuse at such time as the land is acquired for open space.