New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 23

23 Acquisition and development of land reserved for roads

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) This clause applies to land within Zone No 5 (a) shown on the map edged heavy black with a black band between the lines (being land reserved for roads).

(2) The owner of any vacant land to which this clause applies may, by notice in writing, require:

(a) the RTA-in the case of land that is included in a five-year works program of the RTA current at the time of receipt of this notice, or

(b) the Corporation-in any other case,

to acquire the land.

(3) The owner of any land to which this clause applies that is not vacant may, by notice in writing, require the RTA to acquire the land if:

(a) the land is included in the five-year works program of the RTA current at the time of the receipt of the notice, or

(b) the RTA has decided not to give concurrence under subclause (5) to an application for consent to the carrying out of development on the land, or

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

(4) On receipt of a notice under this clause, the RTA or the Corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(5) A person may, with the consent of the Council, carry out development on land to which this clause applies:

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any purpose that is compatible with development that may be carried out on land in an adjoining zone.

(7) 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.

(8) In this clause, "vacant land" means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings other than fences or the following buildings, namely greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.