26Acquisition and development of land within Zone No 5 (d)

26 Acquisition and development of land within Zone No 5 (d)

26 Acquisition and development of land within Zone No 5 (d)

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) The owner of any land within Zone No 5 (d) may, by notice in writing, require the Corporation to acquire that land.

(2) Subject to subclause (3), the Corporation shall acquire the land to which the notice under subclause (1) relates.

(3) The Corporation shall not be required to acquire land to which a notice under subclause (1) relates unless—

(a) the land is included in a priority program for acquisition as determined by the Corporation, or

(b) the Corporation has decided not to give concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or

(c) the Corporation is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

and in any event, shall not obliged to acquire the land if the land might otherwise be reasonably required to be dedicated.

(4) Land within Zone No 5 (d) may, prior to its acquisition by the Corporation be subdivided, and development may be carried out on any such land in accordance with clause 9 or for a purpose for which land in an adjoining zone may be developed, but only—

(a) with the consent of the council, and

(b) if the land is not included in a priority program for acquisition referred to in subclause (3).

(5) In deciding whether to grant consent under subclause (4), the council must take the following matters into consideration—

(a) the need for the relevant public purpose to be carried out on the land,

(b) the likely effect of the proposed development on the cost of acquisition,

(c) the imminence of acquisition, and

(d) the likely additional cost of implementing the public purpose resulting from the carrying out of the proposed development.

(6) Land acquired under this clause may be developed, with the consent of the council, for any purpose until such time as it is required for the purpose for which it was acquired.