18Development in open space zones

18 Development in open space zones

18 Development in open space zones

(1) When determining an application for consent to carry out development on land within Zone No 6 (a) or 6 (b), the council must consider—

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

(b) the impact of the proposed development on the existing or likely future use of the land, and

(c) the need to retain the land for its existing or likely future use.

(2) Where any land within Zone No 6 (a) is not under the ownership of the council, the owner of that land may, by notice in writing, require the council to acquire the land.

(3) On receipt of a notice referred to in subclause (2), the council shall acquire the land, unless the land might reasonably be required to be dedicated for public open space.

(4) Any land within Zone No 6 (a) which is not under the ownership of the council (may with the consent of the council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land’s being acquired by the council.

(5) The council may grant consent as referred to in subclause (4) only after it has considered—

(a) the effects of the proposed development on the costs of acquisition,

(b) the imminence of acquisition, and

(c) the costs associated with the reinstatement of the land for the purpose for which it is zoned.