(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.
[Section 19 inserted: No. 30 of 2018 s. 83.]