50Amendment with approval of planning authority and association

50 Amendment with approval of planning authority and association

50 Amendment with approval of planning authority and association

(1) A development contract may be amended by the developer but the amendment is ineffective unless—

(a) this section has been complied with in relation to the amendment, and

(b) the amendment is registered.

(2) A proposed amendment to a development contract may not be made unless it is approved—

(a) by the planning authority, and

(b) by the relevant association.

(3) The approval of the relevant association must be by—

(a) unanimous resolution, if the proposed amendment involves a change in—

(i) the basic architectural or landscaping design of the development, or

(ii) the essence or theme of the development, or

(b) resolution, if the proposed amendment gives effect only to—

(i) a change in the law, or

(ii) a change in the requirements of the planning authority, or

(c) special resolution, in any other case.

(4) For the purposes of this section, an approval given under this Part by the Land and Environment Court to an amendment of a development contract has the same effect as if the approval were given by an association.

(5) A planning authority that approves an amendment of a development contract must provide the applicant for the approval with—

(a) a copy of the instruments, plans and drawings that describe and illustrate the amendment, and

(b) a certificate to the effect that—

(i) the copy describes and illustrates the approved amendment, and

(ii) the development contract, if amended as approved by the authority, would not be inconsistent with the related planning approval.