68Acquisition of land within Zone 9 (b)

68 Acquisition of land within Zone 9 (b)

68 Acquisition of land within Zone 9 (b)

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 9 (b) may, by notice in writing, require the Roads and Traffic Authority (RTA) to acquire the land. On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(c) (Repealed)

(d) the land is not vacant but the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.

(2) Despite any other provision of this plan, land within Zone 9 (b) (whether or not it has been acquired) may be developed, with the consent of the Council, for any purpose for which development or compatible development may be carried out on land in an adjoining zone. In granting such a consent, the Council may impose conditions—

(a) requiring the removal of any building or work for which it has granted consent, or

(b) requiring the reinstatement of the land or removal of any waste materials or refuse.

(c) (Repealed)

(3) (Repealed)

cl 68: Am 2008 (571), Sch 3.158 [4]–[6]; 2021 (716), Sch 1.21[1] [2].