New South Wales Consolidated Regulations

TWEED LOCAL ENVIRONMENTAL PLAN 2000 - REG 49

49 Acquisition and development of certain land in Zones 5 (a) and 6 (a)

(1) Objective

• to set out the requirements for the acquisition and interim development of land set aside for future local roads, open space and other Council purposes.

(2) This clause applies to land within:

(a) Zone 5 (a) shown on the zone map by red lettering as “Drainage”, “Council Purposes” or “Council Road”, or

(b) Zone 6 (a), except land held by a public authority for the purposes of public open space.

(3) The owner of any land to which this clause applies may, by notice in writing, require the Council to acquire the land.

(4) On the receipt of a notice referred to in subclause (3), the Council must acquire the land unless the land may be required to be provided as a condition of consent to the carrying out of development.

(5) A person may, with development consent, carry out development for any purpose on land to which this clause applies until the land is acquired or developed for the purpose for which it is zoned.

(6) A person must not carry out development on land to which this clause applies prior to its acquisition so as to render the land unfit for the purposes for which it is zoned.

(7) Consent referred to in subclause (5) must not be granted unless consideration has been given to:

(a) the need for the proposed development on the land, and

(b) the impact of the proposed development on the existing or likely future use of the land, and

(c) the need to retain the land for its existing or likely future use, and

(d) the effect of the proposed development on the costs of acquisition, and

(e) the imminence of acquisition, if the land has not yet been acquired, and

(f) the costs of reinstatement of the land for the purposes for which the land is to be acquired.

(8) In granting such a consent, the consent authority may impose conditions requiring:

(a) the removal of any building or work for which the consent is being granted, and

(b) the reinstatement of the land or removal of any waste materials, refuse or contaminants,

without the payment of compensation by the consent authority.