Lake Macquarie Local Environmental Plan 2004
56Interim development of land required for community purposes
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56 Interim development of land required for community purposes
56 Interim development of land required for community purposes
(1) A person must not carry out development without development consent on land within Zone 2 (1), 3 (1), 4 (1), 4 (2), 5, 6 (1), 6 (2), 7 (1), 7 (2) or 10, and shown by cross-hatching on the map, before it is acquired in accordance with this plan.
(2) A person must not carry out development on land referred to in subclause (1) that may be required to be acquired by the Council so as to render the land unfit for the purpose for which it is zoned.
(3) Consent must not be granted for development of land referred to in subclause (1) before it is acquired in accordance with this plan unless the consent authority has considered—
(a) the need for the proposed development on the land, and
(b) the impact of the proposed development on the existing and likely future use of the land, and
(c) the need to retain the land for its existing or likely future use, and
(d) the effect of the proposed development on the cost of acquisition, and
(e) the imminence of acquisition, and
(f) the cost of reinstatement of the land for the purpose for which the land is to be acquired.
(4) Conditions may be imposed on such a consent that limit the period during which development may be carried out in accordance with the consent and require—
(a) the removal of any structure or work for which the consent was granted, and
(b) the reinstatement of the land or removal of any waste, refuse or contaminants,
without the payment of compensation by the Council.