New South Wales Consolidated Regulations

FAIRFIELD LOCAL ENVIRONMENTAL PLAN 1994 - REG 29

29 What requirements are there for the acquisition and development of land zoned 5 (b)?

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) The owner of any vacant land within Zone 5 (b) may, by notice in writing, require:

(a) in the case of land that is included in the 5 year works program of the Roads and Traffic Authority current at the time of receipt of the notice, the Roads and Traffic Authority, or

(b) in any other case, the Corporation,

to acquire the land.

(1A) The owner of any land within Zone 5 (b) that is not vacant, may, by notice in writing, require the Roads and Traffic Authority to acquire the land if:

(a) the land is included in the 5 year program of the Roads and Traffic Authority current at the time of receipt of the notice, or

(b) the Roads and Traffic Authority has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(c) the Roads and Traffic Authority 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 referred to in subclause (1) or (1A) the Roads and Traffic Authority or the Corporation (as appropriate) must acquire the land unless the land might reasonably be required to be dedicated for public road.

(3) A person may carry out development on land within Zone 5 (b) subject to the consent of the Council.

(4) Development may, with the consent referred to in subclause (3), be carried out on land within Zone 5 (b) for a purpose permitted on adjoining land or a purpose compatible in the opinion of the Council with development on adjoining land.