84Council not to approve subdivision

84 Council not to approve subdivision

(1)  The council is not to approve a plan of subdivision if –

(a) any proposed lot has not the qualities of a minimum lot; or

(b) [Section 84 Subsection (1) amended by No. 24 of 2014, s. 53, Applied:01 Jan 2015] it includes any lot or other block of land smaller than is required or permitted by a finally approved planning scheme; or

(c) the subdivision includes any road or other works whereby drainage will be concentrated and discharged into any drain or culvert on or under any State highway, unless the Minister administering the Roads and Jetties Act 1935 has first approved so much of the application as affects the drainage.

(1A)  [Section 84 Subsection (1A) inserted by No. 24 of 2014, s. 53, Applied:01 Jan 2015] A planning scheme –

(a) may specify –

(i) an acceptable solution, in relation to subdivisions, that relates to a matter referred to in subsection (1)(a) , (b) or (c) ; and

(ii) performance criteria, in relation to subdivisions, that relate to a matter referred to in subsection (1)(a) or (b) ; and

(b) may enable a permitted development permit or a discretionary permit to be issued if such an acceptable solution or performance criteria are complied with in relation to a plan of subdivision.

(1B)  [Section 84 Subsection (1B) inserted by No. 24 of 2014, s. 53, Applied:01 Jan 2015] If a planning scheme specifies an acceptable solution, or performance criteria, in relation to subdivisions, that relate to a matter referred to in subsection (1) , that subsection does not apply in relation to the matter in respect of a development that complies with the acceptable solution.