sec.176Development control by-laws

sec.176 Development control by-laws

The principal body corporate, pursuant to a special resolution, may from time to time make by-laws regulating the quality of design and development within the residential precincts. The development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the residential precincts. A development control by-law may apply to all the residential precincts or to a particular precinct or part of a precinct specified in the by-law. A development control by-law may repeal or amend an existing development control by-law. A development control by-law shall have no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. A development control by-law shall not affect the operation of any other Act or law. Without limiting the operation of any other provision of this Act, the development control by-laws for the time being in force bind the principal body corporate, the members of the principal body corporate and the proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier of a lot within the residential precincts to the same extent as if those by-laws had been signed and sealed by the principal body corporate, each member and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. Notwithstanding the provisions of the Building Units and Group Titles Act 1980 , a by-law made by a body corporate incorporated by the registration of a building units plan or group titles plan in respect of land within a residential precinct that is inconsistent with the development control by-laws shall to the extent of the inconsistency have no effect. (sec.176-ssec.1) The principal body corporate, pursuant to a special resolution, may from time to time make by-laws regulating the quality of design and development within the residential precincts. (sec.176-ssec.2) The development control by-laws may regulate the size, shape, height, colour, texture and overall placement of buildings or other structures within the residential precincts. (sec.176-ssec.3) A development control by-law may apply to all the residential precincts or to a particular precinct or part of a precinct specified in the by-law. (sec.176-ssec.4) A development control by-law may repeal or amend an existing development control by-law. (sec.176-ssec.5) A development control by-law shall have no force or effect until the Minister has approved the by-law and notification of the Minister’s approval has been published in the gazette. (sec.176-ssec.6) A development control by-law shall not affect the operation of any other Act or law. (sec.176-ssec.7) Without limiting the operation of any other provision of this Act, the development control by-laws for the time being in force bind the principal body corporate, the members of the principal body corporate and the proprietor and any mortgagee in possession (whether by himself or herself or any other person), lessee or occupier of a lot within the residential precincts to the same extent as if those by-laws had been signed and sealed by the principal body corporate, each member and each proprietor and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of those by-laws. (sec.176-ssec.8) Notwithstanding the provisions of the Building Units and Group Titles Act 1980 , a by-law made by a body corporate incorporated by the registration of a building units plan or group titles plan in respect of land within a residential precinct that is inconsistent with the development control by-laws shall to the extent of the inconsistency have no effect.