33Acquisition of land in the 9 (b) Arterial Roads Reservation Zone

33 Acquisition of land in the 9 (b) Arterial Roads Reservation Zone

33 Acquisition of land in the 9 (b) Arterial Roads Reservation Zone

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 the 9 (b) Arterial Roads Reservation Zone may, by notice in writing, require the Roads and Traffic Authority (the RTA) to acquire the land.

(2) 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(c) (Repealed)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.

(3) Despite any other provision of this plan, development may be carried out, but only with development consent, on land within the 9 (b) Arterial Roads Reservation Zone (whether or not it has been acquired) if the development may be carried out (with or without consent) on land in an adjoining zone or if the development is compatible with any such development.

(4) In granting any such consent, the consent authority 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 material or refuse.

(c) (Repealed)

(5) (Repealed)

cl 33: Am 2008 (571), Sch 3.159 [1]–[3]; 2021 (716), Sch 1.22[1] [2].