Kiama Local Environmental Plan 1996
61Acquisition and development of land within the proposed arterial road zone
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61 Acquisition and development of land within the proposed arterial road zone
61 Acquisition and development of land within the proposed arterial road zone
(1) The owner of any land within Zone No 9 (a) may, by notice in writing, require the RTA to acquire the land.
(2) On receipt of such a notice, the RTA must acquire the land if—
(a) the land is vacant, or
(b) the land is not vacant but—
(i) the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or
(ii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,
but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for use as a public road.
(3) A person may, with the consent of the Council, carry out development on land within Zone No 9 (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) In deciding whether to grant consent, the Council must take into consideration the effect of the proposed development on the future acquisition of the land by the RTA.
(5) In this clause—
the RTA means the Roads and Traffic Authority.
vacant land means land on which there are no buildings other than fences.