(2) Upon 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,
separate occupation of the proposed lots will not contravene the provisions of
any local planning scheme in force under the Planning and Development
Act 2005 ; and
consent or approval required under any such local planning scheme or under the
provisions of the last-mentioned Act relating to any interim development
order, has been given in relation to the separate occupation of the proposed
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 shall
have regard to such considerations as may be prescribed to be relevant to
determinations of that kind.
(3) A local government
may fix, charge and recover fees to be paid for determinations under this
(4) An applicant for a
determination under this section shall 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 shall 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 shall be 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 shall be
valid and binding for such period as is specified, being a period greater than
2 years but not exceeding 3 years.
[Section 24 amended: No. 58 of 1995
s. 25; No. 14 of 1996 s. 4; No. 57 of 1997 s. 115(1);
No. 55 of 2004 s. 1113; No. 38 of 2005 s. 15; No. 24
of 2011 s. 174(7)-(9).]