83Approval of plan of subdivision

83 Approval of plan of subdivision

(1)  [Section 83 Subsection (1) amended by No. 24 of 2014, s. 52, Applied:01 Jan 2015] Subject to section 116 , the council, before it approves a plan of subdivision, may–

(a) require the owner to sell to it for a nominal consideration any land shown on the plan as set apart for a public open space or for drainage purposes; or

(b) require the owner to mark on the plan in respect of any proposed way, the words "to be acquired by the highway authority".

(1A)  [Section 83 Subsection (1A) inserted by No. 24 of 2014, s. 52, Applied:01 Jan 2015] A planning scheme –

(a) may specify that compliance with a requirement specified in this section is an acceptable solution in relation to subdivisions; and

(b) may enable a permitted development permit to be issued if such an acceptable solution is complied with in relation to a plan of subdivision.

(2)  If the owner claims a valuable interest in the land over or under the proposed way, the owner is entitled to a fair price as agreed with the council in the conveyance or transfer of the way.

(3)  If there is no agreement as to a fair price, the compensation payable to the owner is to be determined as a disputed claim for compensation under the Land Acquisition Act 1993 .

(4)  The use of the words "to be acquired by a highway authority" does not prevent a disposition of the land affected but the obligation to convey or transfer the way runs with the land.

(5)  The council may require a final plan of subdivision to note, in respect of a block –

(a) that the council cannot or will not –

(i) [Section 83 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .