sec.78Road levels

### sec.78 Road levels The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road. If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road. If— after the council has fixed the permanent level of a road, the council changes the level of the road; and the owner or occupier of land that adjoins the road is injuriously affected by the change; the council must pay the owner or occupier, or their successor in title, compensation. The compensation equals— the amount that is agreed between the owner or occupier, or their successor in title, and the council; or if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court. (sec.78-ssec.1) The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road. (sec.78-ssec.2) If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road. (sec.78-ssec.3) If— after the council has fixed the permanent level of a road, the council changes the level of the road; and the owner or occupier of land that adjoins the road is injuriously affected by the change; the council must pay the owner or occupier, or their successor in title, compensation. (sec.78-ssec.4) The compensation equals— the amount that is agreed between the owner or occupier, or their successor in title, and the council; or if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court. - (a) after the council has fixed the permanent level of a road, the council changes the level of the road; and - (b) the owner or occupier of land that adjoins the road is injuriously affected by the change; - (a) the amount that is agreed between the owner or occupier, or their successor in title, and the council; or - (b) if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.