sec.59Subdivision of secondary lots within residential precincts

sec.59 Subdivision of secondary lots within residential precincts

Except as provided by subsections (2) to (3D) , a secondary lot within a residential precinct may only be subdivided by way of a building units plan or a group titles plan. For the purpose of the subsequent registration of a building units plan or a group titles plan over a lot thereby created, a secondary lot within a residential precinct may be subdivided by a plan of subdivision creating— 1 or more secondary lots; or 1 or more secondary lots and a lot or lots constituting a secondary thoroughfare. The provisions of this Act relating to the subdivision of initial lots and to the effect of such subdivision shall apply in respect of a subdivision pursuant to subsection (2) as if a secondary lot being subdivided were an initial lot. However, the aggregate of the maximum numbers of lots stated in the schedule accompanying the plan of subdivision must be the same as the maximum number of lots into which the secondary lot may be subdivided. The plan of subdivision may also include a lot or lots constituting a primary thoroughfare. The local government must not approve a plan of subdivision mentioned in subsection (3B) unless the primary thoroughfare body corporate has given written consent to the creation of the primary thoroughfare. Section 33 applies to the primary thoroughfare as if it had been created on a plan mentioned in the section. A plan of subdivision of a secondary lot within a residential precinct pursuant to subsection (1) shall be lodged with the local government. A group titled plan of subdivision lodged pursuant to subsection (4) shall be accompanied by a statement by or on behalf of the proprietor of the secondary lot whether or not it is proposed to subdivide any lot thereby created by the registration of that plan by the registration of a building units plan and, if so, identifying that lot. Where a group titles plan creates lots which it is proposed to further subdivide the plan shall be accompanied by a schedule setting out, in respect of each such lot, the maximum number of lots into which the lot may be subdivided. Each lot shown on a plan lodged pursuant to this section, other than on a building units plan, must have access to a dedicated road whether directly or through all or any of the following— the primary thoroughfare; a secondary thoroughfare; the common property shown on the plan. A group titles plan lodged under subsection (4) must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— the primary thoroughfare, or part of the primary thoroughfare, shown on the plan; and each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan. s 59 amd 2002 No. 64 s 4 ; 2004 No. 53 s 2 sch ; 2009 No. 26 s 16 (sec.59-ssec.1) Except as provided by subsections (2) to (3D) , a secondary lot within a residential precinct may only be subdivided by way of a building units plan or a group titles plan. (sec.59-ssec.2) For the purpose of the subsequent registration of a building units plan or a group titles plan over a lot thereby created, a secondary lot within a residential precinct may be subdivided by a plan of subdivision creating— 1 or more secondary lots; or 1 or more secondary lots and a lot or lots constituting a secondary thoroughfare. (sec.59-ssec.3) The provisions of this Act relating to the subdivision of initial lots and to the effect of such subdivision shall apply in respect of a subdivision pursuant to subsection (2) as if a secondary lot being subdivided were an initial lot. (sec.59-ssec.3A) However, the aggregate of the maximum numbers of lots stated in the schedule accompanying the plan of subdivision must be the same as the maximum number of lots into which the secondary lot may be subdivided. (sec.59-ssec.3B) The plan of subdivision may also include a lot or lots constituting a primary thoroughfare. (sec.59-ssec.3C) The local government must not approve a plan of subdivision mentioned in subsection (3B) unless the primary thoroughfare body corporate has given written consent to the creation of the primary thoroughfare. (sec.59-ssec.3D) Section 33 applies to the primary thoroughfare as if it had been created on a plan mentioned in the section. (sec.59-ssec.4) A plan of subdivision of a secondary lot within a residential precinct pursuant to subsection (1) shall be lodged with the local government. (sec.59-ssec.5) A group titled plan of subdivision lodged pursuant to subsection (4) shall be accompanied by a statement by or on behalf of the proprietor of the secondary lot whether or not it is proposed to subdivide any lot thereby created by the registration of that plan by the registration of a building units plan and, if so, identifying that lot. (sec.59-ssec.6) Where a group titles plan creates lots which it is proposed to further subdivide the plan shall be accompanied by a schedule setting out, in respect of each such lot, the maximum number of lots into which the lot may be subdivided. (sec.59-ssec.7) Each lot shown on a plan lodged pursuant to this section, other than on a building units plan, must have access to a dedicated road whether directly or through all or any of the following— the primary thoroughfare; a secondary thoroughfare; the common property shown on the plan. (sec.59-ssec.8) A group titles plan lodged under subsection (4) must also be accompanied by a diagram showing the name and numbering, or proposed name and numbering, of each road that is, or is to be, on— the primary thoroughfare, or part of the primary thoroughfare, shown on the plan; and each secondary thoroughfare, or part of a secondary thoroughfare, shown on the plan.