Section 26Part 0 —
Modification of Development and Planning Law (2005 Revision) re long term projection of road corridors
←→ Navigate · Click subsection badges to collapse · Press ? for help
Notwithstanding the Development and Planning Law (2005 Revision), the Governor may, subject to subsection (2), exercise any of the powers of the Central Planning Authority under that law in relation to the making and implementation of a development plan insofar as those powers relate to —
the sites of proposed roads; and
the particulars, in relation to roads in Part I of the Second Schedule to that law,
hereinafter in this section referred to as a "road corridor".
The Governor shall not exercise his powers under subsection (1) until and unless he receives a recommendation for that purpose from the Central Planning Authority and the Roads Auithority.
Where, in furtherance of any provision made for a road corridor in a development plan, it becomes necessary or desirable to designate land as being subject to acquisition for road purposes, the procedure therefor shall be in accordance with section 3 and such other sections as relate to that section.
A development plan made under subsection (1) shall have effect as if it were a development plan made under the Development and Planning Law (2005 Revision) subject to modification of that law, in relation thereto, in the following respects —
instead of any procedure under section 14 of that law, the development plan shall be brought into operation by the publication of a notice to that effect published by the Governor in the Gazette;
section 12(2) of that law (which relates to acquisitions not likely to take place within five years) shall not apply;
section 12(3) of that law (which relates to an obligation of the authority to acquire land in certain circumstances) shall not apply but in lieu thereof, subsection (5) shall have effect; and
Part IV of that law (which relates to compensation for refusal or conditional grant of planning permission) shall apply subject to any provision made by, or regulations prescribed under, this Law.
If, on the application of any person before a relevant section 3 notice is issued, the Governor, upon recommendation by the Roads Authority, is satisfied that, having regard to the small size of the portion of land held by that person or other physical features of that land, the reservation of the road corridor affecting that land will cause that person undue hardship, the Roads Authority shall require that person to submit a claim for compensation to the Roads Authority as if it were a claim for compensation made pursuant to a declaration under section 3 and the provisions of this Law shall apply accordingly.
Where, pursuant to a claim made under subsection (5), a person is awarded compensation, in respect of a portion of land affected by the reservation of a road corridor, that person shall not be entitled to make any further claim for compensation under this Law in respect of that portion of land.
Cross References
- Section of Development And Planning Law
Reference to Development and Planning Law and road corridors
- Section 3 of Roads Act
Reference to notification of proposal to take land