52Amendment with approval of Court

52 Amendment with approval of Court

52 Amendment with approval of Court

(1) A developer may apply to the Land and Environment Court for an order approving an amendment of a development contract if the approval by the relevant association is not given under this Part because—

(a) a motion for giving the approval has been defeated, or

(b) the notice relating the motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice.

(2) A copy of the application must be served by the developer on—

(a) the planning authority, and

(b) the association and any subsidiary body, and

(c) each person other than the developer who is the owner of a development lot or neighbourhood lot in the scheme or any subsidiary scheme, and

(d) each registered mortgagee, chargee and covenant chargee of a development lot or neighbourhood lot in the scheme or any subsidiary scheme.

(3) Each person or body served with a copy of the application is entitled to appear and be heard at the hearing of the application.

(4) The Land and Environment Court may—

(a) approve the amendment, or

(b) approve a different amendment, or

(c) refuse to approve the amendment.