Part 3 Planning and development

(1) An application may be made under this section to the Planning Commission for approval of a strata plan or an amendment of a strata plan to give effect to a subdivision of land by a strata scheme.

(2) The Planning Commission’s approval of a strata plan or an amendment of a strata plan under this section may be subject to conditions in the same way as if the approval were an approval of a plan of subdivision given under the Planning and Development Act 2005.

(3) The Planning and Development Act 2005 applies to the conditions as if the approval were an approval of a plan of subdivision given under that Act.

(4) Before a strata plan or an amendment of a strata plan can be registered under this Act, the Planning Commission must issue a certificate endorsing the strata plan or amendment with its unconditional approval of the subdivision.

(5) An application under this section must —

(a) be in the approved form; and

(b) be accompanied by the fee fixed by the regulations.

(6) The regulations may provide for exemptions from the requirement for a strata plan or amendment of a strata plan to be approved by the Planning Commission for registration of a subdivision of land by a strata scheme.

(1) The Planning and Development Act 2005 sections 135, 146 and 147 do not apply to a subdivision of land by a strata scheme.

(2) If a strata plan, or an amendment of a strata plan, contains any vacant lot, the Planning Commission must comply with the Planning and Development Act 2005 sections 142, 143 and 144, and section 151 of that Act applies, as if the plan were a plan of subdivision which required the approval of the Planning Commission under that Act.

(1) The Planning and Development Act 2005 Divisions 1, 2 (other than section 141) and 3 of Part 10 and section 166 apply to the subdivision of land by a survey-strata scheme.

(2) For subdivision of land by a survey-strata scheme, the diagram or plan of survey of the subdivision under section 145 of that Act must be the scheme plan or an amendment of the scheme plan.

(3) The unconditional approval of the Planning Commission of the scheme plan or amendment of the scheme plan is required to enable the plan or amendment to be registered under this Act.

The conditions of a planning approval applying to a strata titles scheme may include a planning (scheme by-laws) condition.

(1) An application for the required unconditional approval of the Planning Commission of a scheme plan or an amendment of a scheme plan to give effect to a subdivision of land by a strata titles scheme must be in an approved form and accompanied by —

(a) the scheme notice or any amendment of the scheme notice proposed to be submitted for registration with the scheme plan or amendment of the scheme plan; and

(b) any existing scheme by-laws made under a planning (scheme by-laws) condition; and

(c) for a leasehold scheme, any existing or proposed leasehold by-laws providing for postponement of the expiry day for the scheme; and

(d) for a strata scheme, an occupancy permit or building approval certificate granted under the Building Act 2011 Part 4 Division 3 for each scheme building shown on the scheme plan or amendment of the scheme plan (as the case requires).

(2) An application for the required unconditional approval of the Planning Commission of a scheme plan or an amendment of a scheme plan to give effect to a subdivision of land by a strata titles scheme may be refused unless the Planning Commission is satisfied that —

(a) the scheme plan or amendment of the scheme plan is an accurate depiction of the subdivision that has been prepared after completion of the works necessary for the subdivision and, for a strata scheme, the construction or modification of the scheme buildings necessary for the subdivision; and

(b) the subdivision and development has been undertaken consistently with —

(i) the approval of the Planning Commission under this Act or the Planning and Development Act 2005 (including the conditions of approval); and

(ii) any relevant approval of development under the Planning and Development Act 2005 (including the conditions of approval);

and

(c) the requirements of the Building Act 2011 have been complied with for the development; and

(d) any restricted use condition proposed to be imposed by the scheme plan or amendment of the scheme plan is suitable for the scheme; and

(e) scheme by-laws have been or are proposed to be made in accordance with any planning (scheme by-laws) condition.

(1) For a leasehold scheme, the approval of the Planning Commission is required for the making, amendment or repeal of leasehold by-laws providing for postponement of the expiry day for the scheme (including for leasehold by-laws registered when the strata titles scheme is registered and not made by the strata company).

(2) The approval may be applied for and given in conjunction with an approval of a plan of subdivision.

(3) If a separate application is made, an application for approval under this section must —

(a) be in the approved form; and

(b) be accompanied by the fee fixed by the regulations.

Note for this section:

See section 8(3) and sections 40 and 41.

(1) The approval of the Planning Commission is required for the amendment of a scheme plan so as to impose, vary or revoke a restricted use condition.

(2) The approval may be applied for and given in conjunction with an approval of a plan of subdivision.

(3) If a separate application is made, an application for approval under this section must —

(a) be in the approved form; and

(b) be accompanied by the fee fixed by the regulations.

(1) If, in accordance with scheme by-laws required under a planning (scheme by-laws) condition, the amendment or repeal of scheme by-laws requires the approval of the Planning Commission or a local government, an application for that approval can be made under this section.

(2) The approval may be applied for and given in conjunction with an application for a planning approval or by separate application.

(3) If a separate application is made, an application for approval under this section must —

(a) be in the approved form; and

(b) be accompanied by the fee fixed by the regulations.

(1) In addition to approval of the Planning Commission, a subdivision must be approved by each local government in whose district the parcel is situated if the subdivision involves —

(a) 2 or more lots being consolidated into 1 lot; or

(b) 1 or more lots being converted into common property; or

(c) the removal, from the parcel, of land comprised of common property.

(2) If the subdivision is approved, it is subject to any planning (scheme by-laws) condition attached to the local government approval.

(2) On, or at any time after, the submission of an application to the local government for approval of the development constituted by a proposed strata scheme in accordance with a local planning scheme or other requirement imposed by law, an application may be made to the local government for a determination that the local government is satisfied, in relation to the proposed development, that —

(a) separate occupation of the proposed lots will not contravene the provisions of any local planning scheme or interim development order under the Planning and Development Act 2005; and

(b) any consent or approval required under any such local planning scheme or interim development order, has been given in relation to the separate occupation of the proposed lots; and

(c) the development of the parcel as a whole, the building and the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case and to the public interest.

(2A) In making determinations of a kind provided for by this section, a local government must have regard to considerations specified in the regulations as being relevant to determinations of that kind.

(3) A local government may fix, charge and recover fees to be paid for determinations under this section.

(4) An applicant for a determination under this section must provide the local government with such information, particulars and details regarding the proposed development, or the building plans and specifications, as the case may require, as the local government may require to enable it to deal with the application.

(5) A determination made by a local government under this section must be in writing and a favourable determination may be issued subject to conditions relating to the proposed development of the parcel.

(6) A determination under this section is valid and binding on the local government for a period of 2 years after it is made unless the local government, at the time of the determination, declares in writing that the determination is valid and binding for such period as is specified, being a period greater than 2 years but not exceeding 3 years.

A strata company may not accept a lease of land for the purpose of creating temporary common property for a term or terms exceeding the period specified in the regulations in aggregate (including any option to extend or renew the term of the lease) unless that acceptance has been approved in writing by the local government of the district in which the parcel is situated.

A lease or licence, or lease and licence, to use or occupy the common property or part of the common property, in a strata titles scheme for a term or terms exceeding the period specified in the regulations in aggregate (including any option to extend or renew the term of a lease or licence) is not effective unless it has been approved in writing by the local government of the district in which the parcel is situated.

(1) The Planning Commission must give written notice of its decision on an application made to it under this Part to the applicant.

(2) A person who has made an application under this Part may apply to the Tribunal for a review of a decision of the Planning Commission —

(a) to refuse to approve an application under section 15; or

(b) to impose a condition of an approval under section 15; or

(c) to refuse to vary or revoke a condition of an approval under section 15; or

(d) to refuse to approve an application for approval of the making, amendment or repeal of leasehold by-laws under section 20; or

(e) to refuse to approve an amendment of a scheme plan under section 21;

(f) to refuse to approve an amendment or repeal of scheme by-laws under section 22.

(3) The Tribunal has jurisdiction to carry out the review in accordance with the Planning and Development Act 2005 Part 14.

(4) Part 13 does not apply to a proceeding under this section (which is a proceeding within the Tribunal’s review jurisdiction).

(5) If at the end of the prescribed period after an application is made under this Part (or any longer period agreed with an applicant), the Planning Commission has not made a decision, the applicant may give written notice of default to the Planning Commission.

(6) If a notice of default is given to the Planning Commission, the applicant may apply to the Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, as if the Planning Commission had refused to approve the application on the day on which the notice of default was given to the Planning Commission.

(7) In this section —

prescribed period means 40 days or, if some other period is specified in the regulations, that period.

(1) A local government must give written notice of its decision on an application made to it under this Part to the applicant.

(3) A notice of refusal by a local government to approve an application made to it under this Part must —

(a) specify the grounds of refusal; and

(b) inform the applicant of the right conferred by this section to apply for a review of the refusal.

(4) Subject to this section, an applicant may apply to the Tribunal for a review, in accordance with the Planning and Development Act 2005 Part 14, of —

(a) a refusal by a local government to approve an amendment or repeal of scheme by-laws under section 22; or

(b) a refusal by a local government to approve an application under section 23 or 24; or

(c) the attachment of a condition to the approval of an application under section 23 or 24; or

(d) to refuse to approve acceptance of a lease under section 25; or

(e) a decision to refuse to approve a lease or licence under section 26.

(5) Part 13 does not apply to a proceeding under this section (which is a proceeding within the Tribunal’s review jurisdiction).

(6) For the purposes of subsection (4), if a local government fails to notify its approval of an application under this Part to the applicant within the prescribed period after being given the application, it is taken to have refused the application at the end of that period.

(7) An application under subsection (4) may be made within 30 days after the day on which the applicant is given notice of the refusal or attachment of a condition or within 30 days after the expiration of the prescribed period referred to in subsection (6), as the case may be.

(8) In this section —

prescribed period means 40 days or, if some other period is specified in the regulations, that period.