New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 14

14 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 shown on the land use map:

(a) edged with a broken red line and marked with the letters “a.r.r.” in red signifying arterial roads reservation-proposed road widening, or

(b) edged with a broken red line and marked with letters “l.r.r.” in red, signifying local roads reservation-proposed road widening.

(2) The owner of any vacant land referred to in subclause (1) (a) may, by notice in writing require:

(a) the RTA-in the case of land that is included in a 5 year works program of the RTA current at the time of receipt of the notice, or

(b) the Corporation-in any other case,

to acquire the land.

(3) The owner of any land referred to in subclause (1) (a) that is not vacant may, by notice in writing, require the RTA to acquire the land if:

(a) the land is included in a 5 year work programme of the RTA current at the time of the receipt of the notice, or

(b) the RTA or the Corporation has decided not to give concurrence 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) The owner of any land referred to in subclause (1) (b) may, by notice in writing, require the Council to acquire the land.

(5) On receipt of a notice referred to in subclause (2), (3) or (4), the RTA, the Corporation or the Council, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(6) Despite clause 8, a person may, with the consent of the Council, carry out development referred to in subclause (1) (a):

(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, or

(c) for any purpose of a temporary nature.

(8) Notwithstanding clause 8, a person may develop land referred to in subclause (1) (b) for any purpose, with the consent of the Council, until that land is acquired by the Council, where the Council is satisfied that the carrying out of that development will not adversely affect the usefulness of the land for the purpose of local road widening.

(9) Notwithstanding clause 8, 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.