Hurstville Local Environmental Plan 1994
21Roads
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21 Roads
21 Roads
(1) A person may, with the consent of the council, carry out development on any part of a public road, or any other land shown uncoloured on the map, for any purpose which is permissible on land adjoining that road.
(2) Despite subclause (1), development of the land referred to in that subclause for the purposes of a public utility undertaking, or by the Roads and Traffic Authority for arterial road purposes, may be carried out without the consent of the council.
(3) Where any land shown uncoloured on the map 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.
(4) On receipt of a notice referred to in subclause (3), the council shall acquire the land, unless the land might reasonably be required to be dedicated for public roads.
(5) The council may grant consent required by subclause (1), in respect of and which it does not own, 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 to be acquired.