New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 23A

23A Acquisition and development of land reserved for roads-Mascot Station Precinct

(1) The owner of land in the Mascot Station Precinct that is reserved, under Zone No 5 (a), for roads 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 a matter 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 timeframe.

(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 local roads.

(3) In deciding whether to grant consent to proposed development under this clause, the Council must take the following matters into consideration:

(a) the need to use the land for the purpose of local roads,

(b) the imminence of acquisition,

(c) 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.