New South Wales Consolidated Regulations

EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 41

41 How is land zoned for a car park acquired from the owner and how may it be used in the interim?

(1) The owner of any land within the 5d Car Park zone may write to the Council, asking the Council to acquire the land. On receipt of such a request, the Council must acquire the land, unless:

(a) the land might reasonably be required to be dedicated for a public car park as a condition of consent to a development application, or

(b) the land owner has agreed to postpone the request for a period and the period has not expired.

(2) A person may, with the consent of the Council, carry out development on land in the 5d Car Park zone:

(a) if the development may be carried out on land in an adjoining zone, or

(b) if it is compatible with development which may be carried out on land in an adjoining zone.

(3) The Council must not consent to development allowed by this clause unless:

(a) the Council has considered whether or not the proposed development would adversely affect the future use of the land as a public car park, and

(b) in the Council’s opinion, the land is not required for a public car park in the immediate future, and

(c) the land owner agrees not to require the Council to acquire the land for the period specified in the agreement.

(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.