(1) This section
applies if, on an application for subdivision approval or development
approval, the Commission or responsible authority forms the opinion that the
integration of subdivision and development approvals or multiple subdivision
or development approvals is necessary or desirable —
(a) due
to the size of the lots and potential impact on the amenity of the locality;
or
(b) for
other reasons associated with the achievement of orderly and proper planning,
and the preservation of the amenity, of the locality.
(2) The main purposes
of integrating subdivision and development approvals are —
(a) to
facilitate a cohesive approach to planning and development in circumstances
where subdivision and development should only be undertaken in conjunction
with each other; and
(b) to
ensure that, in those circumstances, appropriate conditions for both the
subdivision and development of land are determined as early as is practicable.
(3) If this section
applies —
(a) the
Commission may, in order to achieve the necessary or desirable integration of
subdivision and development approvals, refuse to determine an application for
subdivision approval until other applications for subdivision or development
approvals are made or are made and determined; and
(b) the
Commission may refuse to unconditionally endorse a diagram or plan of survey
with a subdivision approval in order for the plan to be registered in the
Register under the Transfer of Land Act 1893 unless satisfied that —
(i)
the diagram or plan of survey is an accurate depiction of
the subdivision that has been prepared after completion of the works necessary
for the subdivision and the construction or modification of the buildings
necessary for the development, the approvals of which have been required to be
integrated; and
(ii)
the subdivision and development has been undertaken
consistently with the relevant approvals, including their conditions; and
(iii)
the requirements of the Building Act 2011 have been
complied with for the development.
(4) Regulations may be
made —
(a)
requiring the Commission or a responsible authority to inform each other and
share information about an application for subdivision approval or development
approval; or
(b)
requiring an applicant to provide additional documents or information
reasonably required to determine whether subdivision and development approvals
should be integrated under this section and to give effect to any such
integration; or
(c)
establishing processes for the concurrent or separate consideration of
subdivision and development approvals to which this section applies and for
the imposition of conditions of approvals to which this section applies; or
(d)
otherwise facilitating the integration of subdivision and development
approvals.
[Section 164A inserted: No. 30 of 2018 s. 166.]