sec.72Boundary adjustment plan

sec.72 Boundary adjustment plan

The boundary of an initial lot or a secondary lot within the site of an approved scheme may be adjusted by a boundary adjustment plan if— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and if the adjustment alters the boundary of primary thoroughfare or secondary thoroughfare—the adjustment is approved by the primary thoroughfare body corporate, or principal body corporate, by special resolution. A proprietor mentioned in subsection (1) (b) may lodge the boundary adjustment plan with the local government. The local government may approve a boundary adjustment plan only if it is satisfied that— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and the consents mentioned in subsection (1) (b) have been given; and if applicable—the approval mentioned in subsection (1) (c) has been given. If the local government— refuses to approve a boundary adjustment plan; or fails to approve it within 40 days of receiving it; the proprietor that lodged the plan may appeal to the Planning and Environment Court. An appeal is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court. The notice of appeal must be in the approved form and succinctly state the grounds of the appeal. The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if the appeal were a Planning Act appeal under that Act. s 72 ins 1993 No. 46 s 22 amd 1998 No. 13 s 191 sch ; 2009 No. 26 s 5 sch ; 2016 No. 27 s 271 (sec.72-ssec.1) The boundary of an initial lot or a secondary lot within the site of an approved scheme may be adjusted by a boundary adjustment plan if— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and each proprietor, mortgagee and registered lessee of a lot the boundary of which is to be adjusted consents to the adjustment; and if the adjustment alters the boundary of primary thoroughfare or secondary thoroughfare—the adjustment is approved by the primary thoroughfare body corporate, or principal body corporate, by special resolution. (sec.72-ssec.2) A proprietor mentioned in subsection (1) (b) may lodge the boundary adjustment plan with the local government. (sec.72-ssec.3) The local government may approve a boundary adjustment plan only if it is satisfied that— the adjustment is minor and necessary to resolve a problem in relation to the management, development or subdivision of the site; and the consents mentioned in subsection (1) (b) have been given; and if applicable—the approval mentioned in subsection (1) (c) has been given. (sec.72-ssec.4) If the local government— refuses to approve a boundary adjustment plan; or fails to approve it within 40 days of receiving it; the proprietor that lodged the plan may appeal to the Planning and Environment Court. (sec.72-ssec.5) An appeal is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court. (sec.72-ssec.6) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal. (sec.72-ssec.7) The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if the appeal were a Planning Act appeal under that Act.