31Acquisition of certain land reserved by zoning

31 Acquisition of certain land reserved by zoning

31 Acquisition of certain land reserved by zoning

(1) The owner of any land within Zone No 9 (b) or 9 (c) may, by notice in writing, require the Council to acquire the land, but only if—

(a) the land is included in the Council’s Section 94 Contributions Plan or a Works Program of the Council that is current at the time of the receipt of the notice, or

(b) the Council has decided not to grant consent to the carrying out of development on the land, on the basis of those matters specified in subclause (3), or

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

(2) On receipt of a notice under this clause, the Council must acquire the land unless the land might reasonably be required to be dedicated for—

(a) local roads in the case of land within Zone No 9 (b), or

(b) local recreation in the case of land within Zone No 9 (c).

(3) In deciding whether to grant consent to proposed development within Zone No 9 (b) of 9 (c), the Council must take the following matters into consideration—

(a) in the case of land within Zone No 9 (b), the need to use the land for the purpose of local roads, and

(b) in the case of land within Zone No 9 (c), the need to use the land for the purpose of local recreation, and

(c) the imminence of acquisition, and

(d) the likely additional cost to the Council resulting from the carrying out of the proposed development.

(4) 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.