116Limitation on requirement for public open space

116 Limitation on requirement for public open space

(1)  If the council –

(a) requires an owner to increase the area for public open space so that the value of the total area approved for open space in the final plan exceeds the value of the area provided for open space in the plan of subdivision; or

(b) having failed to approve a plan for subdivision on a ground that the layout should be altered to include or omit public open space, subsequently approves a fresh plan in which the value of the total area of land reserved for public open space exceeds the value of all such land in the original plan –

and the value of the area reserved for open space in the plan also exceeds the value of one-twentieth of the whole area comprised in the plan of subdivision, the council must purchase the excess as provided in this section.

(2)  The purchase price of the excess is a sum bearing the same ratio to the value of the total area approved in the final plan as the excess bears to that area.

(3)  If the owner and the council are unable to agree on the purchase price within 30 days of its demand, it is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 .

(4)  The purchase price is due –

(a) after the final plan takes effect as provided; and

(b) upon demand by the owner accompanied by a conveyance of transfer executed by the owner of the total area mentioned in subsection (1) .

(5)  The purchase price bears interest at 5% a year from the day 2 months after that on which it is agreed upon or determined until payment.

(6)  Land is to be valued as at the date of lodgment of the plan of subdivision.

(7)  The council is required to purchase only so much of the excess land as is required for public open spaces on the basis that the excess is divided between the public open spaces and littoral or riparian reserves in the same proportion as the total area is divided between them.

(8)  The council is to pay a purchase price as if it were purchasing the whole excess and is entitled to be reimbursed by the Treasurer the difference between the purchase price paid by it and so much of the purchase price as is attributable to the land purchased.