38AFair trading option

38A Fair trading option

38A Fair trading option

Nothing in this plan prevents a person, with the consent of Council, from carrying out development on land referred to in Schedule 8 for a purpose specified in that Schedule in relation to that land, subject to such conditions, if any, as are so specified notwithstanding that such development may be otherwise prohibited by or inconsistent with other provisions of this plan, providing the Council is satisfied that—

(a) the development proposed will result in the dedication of land to Council, at no cost to Council, which will serve the public interest, and

(b) the development proposed is not excessive, balanced against the public interest gained by dedication of the land to Council, and

(c) the development proposed will not result in a significantly adverse effect on the environment.

cl 38A: Ins 22.5.1998.