12—Power to make preliminary agreements
(1) The council may in
accordance with this section make agreements for exchange or transfer in
relation to land subject to a proposed road closure with the owners of land
adjoining that land.
(2) An
agreement for exchange or transfer may be made before or after deposit of the
preliminary plan and statement pursuant to section 9 but must be made
before the making of a road process order for closure of the road.
(3) A council may not
make an agreement for transfer in relation to land subject to a proposed
road closure unless—
(a)
where adjoining land is owned by a person who owns land subject to a proposed
road opening—the council first endeavours to secure an agreement
for exchange with that person; and
(b) in
any case—the council first invites offers from the owners of land
adjoining the land subject to the proposed road closure.
(4) An agreement for
exchange or transfer in relation to land is void—
(a)
unless made in substantial compliance with this section; or
(b) if
the road process is discontinued in respect of the land.
(5) In this
section—
"owner" means—
(a) the
owner in fee simple;
(b) the
lessee under a Crown lease;
(c) the
purchaser under an agreement to purchase from the Crown.