36Can development be allowed on reserved land?

36 Can development be allowed on reserved land?

36 Can development be allowed on reserved land?

(1) Consent may be granted for development on reserved land provided it does not render the land unfit for the purpose for which it is reserved.

(2) Before granting consent to development on reserved land, the consent authority must consider—

(a) the effect of the proposed development on the costs of acquisition,

(b) the imminence of the acquisition, and

(c) the costs associated with the reinstatement of the land so it can be used for the purpose for which it is reserved.

(3) If the land is reserved for public open space or regional open space and contains bushland, the consent authority must, before granting consent, also assess the need to preserve and protect that bushland, having regard to the matters set out in Schedule 6 (Preservation of bushland), and be satisfied that disturbance of the bushland is essential for proposed development that is in the public interest and that no reasonable alternative is available to the disturbance of that bushland.

cl 36: Am 5.10.2001; 2008 (571), Sch 3.183 [3].