sec.112Boundary adjustment plan

sec.112 Boundary adjustment plan

The boundary of a community development lot, a precinct development lot or a balance precinct development lot within the site of a 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 community property or precinct property—the adjustment is approved by the community body corporate, or precinct body corporate, by comprehensive 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—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. Part 7 of the Local Government (Planning and Environment) Act 1990 applies to an appeal under subsection (4) with any necessary modifications. s 112 amd 1993 No. 80 s 5 ; 1999 No. 30 s 98 sch 3 pt 1 (sec.112-ssec.1) The boundary of a community development lot, a precinct development lot or a balance precinct development lot within the site of a 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 community property or precinct property—the adjustment is approved by the community body corporate, or precinct body corporate, by comprehensive resolution. (sec.112-ssec.2) A proprietor mentioned in subsection (1) (b) may lodge the boundary adjustment plan with the local government. (sec.112-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—approval mentioned in subsection (1) (c) has been given. (sec.112-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.112-ssec.5) Part 7 of the Local Government (Planning and Environment) Act 1990 applies to an appeal under subsection (4) with any necessary modifications.