sec.94Meaning of high-density development easement

### sec.94 Meaning of high-density development easement A high-density development easement is an easement created for 1 or more of the following purposes— support; shelter; projections; maintenance; roof water drainage. A high-density development easement may be created only over 2 small, adjoining lots, and only if— any of the following applies— a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or a relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots. Each lot to which a high-density development easement relates is benefitted and burdened by the easement to the extent necessary to give effect to the purposes for which the easement is created. In this section— relevant development approval means— a development approval under the Planning Act for any of the following as defined in that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises; or a PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises. small , for a lot, means the lot has an area of 450m 2 or less. s 94 prev s 94 om 1994 No. 81 s 527 sch 5 pres s 94 ins 2013 No. 23 s 128 amd 2014 No. 29 s 109 ; 2016 No. 27 s 296 ; 2019 No. 17 s 56 (sec.94-ssec.1) A high-density development easement is an easement created for 1 or more of the following purposes— support; shelter; projections; maintenance; roof water drainage. (sec.94-ssec.2) A high-density development easement may be created only over 2 small, adjoining lots, and only if— any of the following applies— a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or a relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots. (sec.94-ssec.3) Each lot to which a high-density development easement relates is benefitted and burdened by the easement to the extent necessary to give effect to the purposes for which the easement is created. (sec.94-ssec.4) In this section— relevant development approval means— a development approval under the Planning Act for any of the following as defined in that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises; or a PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act— carrying out building work; reconfiguring a lot; making a material change of use of premises. small , for a lot, means the lot has an area of 450m 2 or less. - (a) support; - (b) shelter; - (c) projections; - (d) maintenance; - (e) roof water drainage. - (a) any of the following applies— (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or - (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; - (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; - (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or - (b) a relevant development approval, under which a requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii) applies as a condition, applies to both adjoining lots. - (i) a wall of a building situated on 1 of the adjoining lots is also a wall of a building situated on the other adjoining lot, and the wall is on the common boundary of the 2 adjoining lots; - (ii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on the same foundation and the foundation is on the common boundary of the 2 adjoining lots; - (iii) a wall of a building situated on 1 of the adjoining lots is adjacent to a wall of a building situated on the other adjoining lot, each wall is constructed on a separate foundation and each foundation is adjacent to the common boundary of the 2 adjoining lots; or - (a) a development approval under the Planning Act for any of the following as defined in that Act— (i) carrying out building work; (ii) reconfiguring a lot; (iii) making a material change of use of premises; or - (i) carrying out building work; - (ii) reconfiguring a lot; - (iii) making a material change of use of premises; or - (b) a PDA development approval under the Economic Development Act 2012 for any of the following as mentioned in section 33 (2) of that Act— (i) carrying out building work; (ii) reconfiguring a lot; (iii) making a material change of use of premises. - (i) carrying out building work; - (ii) reconfiguring a lot; - (iii) making a material change of use of premises. - (i) carrying out building work; - (ii) reconfiguring a lot; - (iii) making a material change of use of premises; or - (i) carrying out building work; - (ii) reconfiguring a lot; - (iii) making a material change of use of premises.