Part 3 Staged development schemes

A staged development scheme consists of –

(a) a master plan for developing land in stages by a series of strata plans; and

(b) a disclosure statement that conforms with the requirements of this Part.

(1) The master plan forming part of a staged development scheme –

(a) must identify the site by reference to the relevant folio of the Register and delineate the site; and

(b) must contain a plan for each proposed stage of the development (identifying its location by reference to the site) –

(i) showing the location of existing and proposed buildings; and

(ii) identifying the boundaries of the proposed lots and common property; and

(iii) indicating proposed construction zones, access zones and the nature of the use that may be made of them; and

(c) ........

(d) ........

(e) must contain any other information or material required by the Recorder.

(2) A disclosure statement that forms part of a staged development scheme must include –

(a) a warning in the form and terms required by the Recorder; and

(b) the name and address of the developer; and

(c) a description of the proposed development and the stages in which it is to be carried out; and

(d) a statement of times for commencing and completing each stage of the proposed development (which may be fixed by reference to the calendar, by reference to the completion of a previous stage of the development, by reference to progress in the sale of lots, or on any other reasonable basis); and

(e) a schedule of the working hours during which work is to proceed on the second and any subsequent stage of the proposed development; and

(f) a description of the amenities to be provided as part of the proposed development and a statement of –

(i) the purposes for which the amenities are to be provided; and

(ii) the extent the amenities are to be available for use by the owners and occupiers of lots and their invitees; and

(iii) the arrangements for providing and maintaining the amenities and defraying the cost of their provision or maintenance; and

(fa) a schedule of material and finishes to be used in the building work involved in carrying out proposed development work; and

(fb) a schedule of the proposed unit entitlements for each proposed lot as at the completion of each stage of the proposed development; and

(g) any other information or materials required by the Recorder.

(1) The developer under a staged development scheme may apply to the council for the area in which the site is situated for approval of the scheme in principle.

(2) The application must be accompanied by –

(a) the proposed staged development scheme; and

(b) any other document required by the council; and

(c) the prescribed fee.

(3) An application may be made whether the site is wholly undeveloped or partially developed.

(1) Before approving a proposed staged development scheme in principle, the council may exercise either or both of the following powers:

(a) the council may require specified changes to the proposed scheme;

(b) the council may require the demolition or alteration of buildings on the site of the proposed staged development scheme.

(2) The council may –

(a) approve the staged development scheme unconditionally; or

(b) approve the staged development scheme subject to specified conditions, which may include a condition requiring the developer to proceed with the proposed development work in accordance with specified time limits; or

(c) refuse to approve the staged development scheme.

(3) A condition imposed under subsection (2)(b) cannot require the developer to commence work earlier than 6 months after the date of the council's approval in principle.

(4) If the council approves the proposed staged development scheme, the council must issue a certificate of approval.

(5) Subject to subsection (6), a certificate of approval under Part 2 is required in accordance with this Act in respect of each strata plan by which the various stages of the development are to be implemented.

(6) An approval under this section may exempt the developer from the requirement for a certificate of approval under Part 2 in respect of a particular stage or particular stages of the development if stipulated conditions are complied with.

(1) The Recorder may, on application by the developer under a staged development scheme, register the scheme.

(2) An application for registration of a staged development scheme must be accompanied by –

(a) the staged development scheme; and

(b) a certificate issued under the authority of the council for the area in which the site is situated certifying that the council has approved the scheme in principle and stating any conditions to which the approval is subject; and

(c) the certificates of title to the land affected by the scheme; and

(d) the prescribed fee.

A staged development scheme comes into force on registration.

(1) The developer under a staged development scheme is entitled to reasonable access to, and use of, the site for –

(a) the purposes of carrying out the proposed development; and

(b) for other purposes related to development stated in the disclosure statement except subdivision of common property.

(2) The rights of others in relation to the site (including rights in relation to lots and common property) are subordinate to the rights of the developer under this section.

(3) The by-laws cannot limit the rights of the developer under this section.

(1) The land subject to a staged development scheme is to be progressively developed, in stages, in accordance with the master plan.

(2) The council may refuse to approve a particular stage in a staged development scheme if an earlier stage of the scheme has not been completed as required under the terms of the registered scheme.

(3) As land is progressively developed in accordance with a staged development scheme –

(a) a strata scheme created at an earlier stage of the development expands to incorporate lots and common property created at later stages of the development; or

(b) if the master plan so provides, a new strata scheme that remains separate and independent from the strata scheme or schemes created at earlier stages of the development is established incorporating the lots and common property created on registration of the strata plan for a later stage of the development.

(1) The developer under a registered staged development scheme may apply for the variation of the scheme.

(2) The application is to be made in the first instance to the council for the area in which the site is situated.

(3) The application must indicate how the scheme is to be varied.

(4) The application must by accompanied by –

(a) the written consents of all present and prospective owners of lots in the scheme; and

(b) the prescribed fee.

(5) The council may dispense with the consent of a present or prospective owner if –

(a) the council is satisfied that the owner would not be adversely affected by the variation; or

(b) the council is satisfied that the whereabouts of the owner or prospective owner is unknown to, and not reasonably ascertainable by, the applicant; or

(c) if less than 25% of the present and prospective owners have refused or failed to consent, the council is satisfied that consent has been unreasonably withheld.

(6) The council may –

(a) approve the variation unconditionally; or

(b) approve the variation subject to specified conditions; or

(c) refuse to approve the variation.

(1) The Recorder may, on application by the developer under a staged development scheme, register a variation to the scheme.

(2) An application for registration of a proposed variation of a staged development scheme must be accompanied by –

(a) the proposed scheme as varied indicating the variations; and

(b) a certificate issued under the authority of the relevant council certifying that the council has approved the proposed variation and stating any conditions subject to which the approval was granted; and

(c) if land not formerly within the scheme is to be brought within the ambit of the scheme by the variation and the Recorder requires production of the certificates of title to the land, the certificates of title; and

(d) the prescribed fee.

(3) The variation comes into force on registration.

(1) The Supreme Court may, on application by an interested person, make an order for variation of a staged development scheme if satisfied that it is impossible or impracticable to complete the scheme as proposed in the master plan.

(2) Each of the following is an interested person:

(a) the developer;

(b) each owner and each prospective owner of a lot;

(c) the Recorder;

(d) any other person who has, in the opinion of the Supreme Court, a proper interest in the matter.

(3) The applicant must give notice of an application under this section to all other interested persons.

(4) A person entitled to notice under this section may appear and be heard in the proceedings.

(5) The Supreme Court may make an order –

(a) deferring the time for completion of a particular stage or stages of the scheme; or

(b) changing the order in which the various stages of the scheme are to be completed; or

(c) varying the scheme in other ways to ensure (as far as practicable) its successful completion.

(6) An order under this section may also –

(a) provide for the payment of compensation in addition to, or instead of, damages or compensation to which a person would be otherwise entitled; and

(b) vary rights and obligations arising under this Act in relation to the scheme; and

(c) make any other provision the Supreme Court considers just and equitable.

(7) The Supreme Court may, on application by an interested person, vary or revoke an order under this section.

(8) A copy of an order under this section (including an order varying or revoking an earlier order) must be served on the Recorder.

(9) The Recorder must register the order and on registration it becomes part of the scheme.

(1) The Supreme Court may, on application by an interested person, grant a mandatory injunction requiring the developer under a staged development scheme to complete the scheme in accordance with the terms of the scheme.

(2) The following are interested persons:

(a) an owner or prospective owner of a lot;

(b) a body corporate for a strata scheme within the staged development scheme;

(c) the council for the relevant area.

(1) The developer under a staged development scheme warrants to any person who enters into a contract to purchase a lot or a proposed lot in the scheme that the development will be carried out in accordance with the scheme.

(2) A warranty under subsection (1) –

(a) is enforceable in the same way as a contractual warranty; but

(b) cannot be limited or excluded by contract.

(3) Without limiting the damages that may be recovered for breach of the statutory warranty, the owner of a lot may recover damages for the deferment or loss of a reasonably expected capital appreciation of the lot that would have resulted from completion of the development in accordance with the terms of the scheme.

A person who acquires title to land subject to a registered staged development scheme that is yet to be developed in accordance with the scheme becomes bound to develop the land in accordance with the scheme.

If the owner of land subject to a registered staged development scheme proposes to sell or dispose of land subject to the scheme –

(a) the owner must give written notice of the proposed transaction to the council for the area in which the site is situated; and

(b) the person who is to acquire title to the land in consequence of the transaction must –

(i) give to the council a written undertaking to develop the land in accordance with the registered scheme; and

(ii) give the council any security required by the council, within 28 days after notice of the transaction was given to the council, for the development of the land in accordance with the scheme.

(1) A dealing for the sale or disposal of land that is yet to be developed and is subject to a registered staged development scheme takes effect on registration.

(2) When submitted for registration, the dealing must be accompanied by –

(a) a copy of the undertaking to complete the development in accordance with the registered scheme; and

(b) a statutory declaration to the effect that the council has made no requirement under this Division for security for completion of the development in accordance with the registered scheme or that such a requirement has been complied with; and

(c) the prescribed fee.

On registration of a dealing for the sale or disposal of land subject to a registered staged development scheme, the rights and obligations of the developer under the scheme, so far as they relate to land subject to the dealing, pass to the person who acquires title to the land.

The creation of a lot in a staged development scheme is taken not to be a subdivision within the meaning of Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993.