49Restrictions on development in respect of certain road proposals

49 Restrictions on development in respect of certain road proposals

49 Restrictions on development in respect of certain road proposals

(1) Where, on the map, a proposed new alignment of a road is shown by a broken black line with the words “Proposed new alignment”, the council shall not consent to the erection of a building or the carrying out of a work on land between the existing alignment of the road and the proposed new alignment, but nothing in this subclause prevents the council from consenting to development being carried out on that land for the purpose of what, in the opinion of the council, are minor and not substantial repairs and improvements required for permitting the reasonable preservation and temporary use of a building or work.

(2) (Repealed)

(3) If the road proposed to be realigned is a main road, the council must not consent to the carrying out of those repairs and improvements unless it has taken into consideration—

(a) the effect which the erection of the building or the carrying out of the work will, or (in the opinion of the council) is likely to, have on—

(i) the future construction of the road or bridge to the proposed new alignment, and

(ii) traffic flow and traffic safety, and

(b) the estimated cost of carrying out the development and the change likely to be caused by the development having been carried out in the value of the land situated between the existing and the proposed alignments.

cl 49: Am 2008 (571), Sch 3.18 [2]–[4].