10Community title scheme proposal—approval

10 Community title scheme proposal—approval (1) The territory planning authority may approve a community title scheme proposal if satisfied that— (a) the proposal is in accordance with section 8 (Community title scheme proposal—application for approval); and (b) the proposed community title scheme complies with section 5 (2) and (3) (Community title schemes); and (c) the proposed lot entitlement schedule is reasonable having regard to the prospective relative values of the lots to be included in the scheme that are not to be common property. (2) The territory planning authority may refuse to approve a community title scheme proposal if the authority considers the proposal relates to a single building or single set of physically related buildings with no, or limited, external open space. (3) For subsection (2), the authority must take into account whether— (a) the proposed lots correspond to attached or semi-detached buildings; and (b) the proposed lots are limited wholly or partly by height or depth; and (c) the common property is above or below another proposed lot; and

Section 10 (d) if the community title scheme proposal relates to a single set of physically related buildings— (i) the buildings are physically integrated, for example, through underground car parking or physical overpasses; and (ii) the buildings make use of physically integrated common facilities, for example, lifts and underground car parking; and (e) the amount of open space is limited relative to the buildings in the community title scheme proposal. Examples—open space 1 lawns and gardens 2 internal roads (4) The territory planning authority may refuse to approve a community title scheme if the lessee of a lot proposed to be included in the scheme is in breach of the lease, or a provision of (or requirement under) the Planning Act 2023 that applies to the lessee because the lessee is the lessee of the lot. (5) The territory planning authority may refuse to approve a community title scheme proposal if the proposal is inconsistent with a heritage guideline or heritage direction under the Heritage Act 2004.

Section 11 page 10 Community Title Act 2001 11 Community title scheme proposal—amendment of management statement If a community title scheme proposal provides for development of the scheme land in stages, the territory planning authority may, before approving the proposal under section 10, amend the management statement if the authority considers it reasonable to do so to reduce the adverse effect of the development on anyone’s amenity while it is taking place. Examples of people whose amenity may be affected 1 Owners or occupiers of lots, or parts of lots, in the scheme. 2 Owners or occupiers of nearby premises. 3 Members of the public who regularly use the surrounding area. 12 Notice of approval of community title scheme proposal If the territory planning authority approves a community title scheme proposal, the authority must give the developer of the scheme— (a) written notice of the approval including particulars of any security required under section 13; and (b) a schedule setting out the provisions under which leases of the lots of common property are to be held. 13 Security for staged developments and unfinished works (1) This section applies— (a) to a community title scheme that provides for development of the scheme land in stages (a staged development); and (b) to works (including landscaping, roadworks and work on driveways) needed for a development provided for in an approved community title scheme proposal that (in the opinion of the territory planning authority) will not be finished when the community title scheme plan is endorsed under section 14.