38Development on public roads

38 Development on public roads

38 Development on public roads

(1) A person must not carry out development on a public road shown uncoloured on the Zoning Map, or part of such a road lawfully closed, without the development consent of the consent authority.

(2) The consent authority may grant its consent under subclause (1) only for a purpose that may be carried out either with or without development consent on land adjoining that road.

(3) Despite subclauses (1) and (2), the following development may be carried out without the consent of the consent authority on a public road shown uncoloured on the Zoning Map or part of such a road lawfully closed—

(a) Council development for the purposes of minor improvements to footpaths, such as landscaping and repaving, drainage, street resurfacing and the reconstruction of kerbs, footpaths, gutters and the like,

(b) exempt or complying development as described under clause 6,

(c) development for which approval has been granted under Part 1 of Chapter 7 of the Local Government Act 1993.

cl 38: Ins 2.4.2004.