sec.28Application for approval of scheme

sec.28 Application for approval of scheme

An application for approval of a scheme may be made to the relevant local government. However, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division). Except in relation to land intended to be freeholded, the application may be made only in relation to land that— is taken to be zoned for the mixed use development proposed; or if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development. The application must— be in writing; and be signed by the applicant; and be in the form (if any) determined by the local government; and set out or be accompanied by the matters mentioned in subsection (4) . The matters required by subsection (3) are— the name of the proposed mixed use development; and the name and address of the applicant; and the address of— the site; and any other land proposed to be used in conjunction with the mixed use development; and the name and address of— each owner (other than the applicant) of land within the site; and each owner of any other land that is proposed to be used in conjunction with the mixed use development; and the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and advice that the land comprising the site is freehold land or is intended to be freeholded; and details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and details of all agreements that relate to land within the site; and evidence of all— undertakings affecting the proposed development given by an interested person; and contracts affecting the proposed development entered into between the applicant and another interested person; and a schedule setting out the type and extent of development in each precinct; and details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and the proposed plan of development for the scheme. The proposed plan of development must— include— a site plan; and a delineation of the site; and real property descriptions and, if appropriate, metes and bounds descriptions; and identify the location, and specify the area, of each of the proposed precincts; and specify the name of each proposed precinct; and specify the proposed uses to be permitted within each precinct; and identify the staged use precincts proposed at the time; and identify on the site plan the relationship between the site and any adjoining lands; and identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and identify— the proposed community property; and any community thoroughfare; and the access points to the site from roads outside the site; and identify the proposed roads and other proposed major engineering works within the site; and identify existing easements and reserves; and identify existing buildings; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. If the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government. A matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram. In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service. s 28 amd 1997 No. 28 s 295 sch 3 ; 1997 No. 78 s 93 ; 1999 No. 30 s 98 sch 3 pt 1 (sec.28-ssec.1) An application for approval of a scheme may be made to the relevant local government. (sec.28-ssec.1A) However, on and from the commencement of this subsection, no further applications for approval may be made (other than an application that, under a provision of this Act other than this division, is required to be made under this division). (sec.28-ssec.2) Except in relation to land intended to be freeholded, the application may be made only in relation to land that— is taken to be zoned for the mixed use development proposed; or if not taken to be zoned for the mixed use development proposed—is the subject of an application to amend a planning scheme under the Local Government (Planning and Environment) Act 1990 that, if approved, would allow the mixed use development. (sec.28-ssec.3) The application must— be in writing; and be signed by the applicant; and be in the form (if any) determined by the local government; and set out or be accompanied by the matters mentioned in subsection (4) . (sec.28-ssec.4) The matters required by subsection (3) are— the name of the proposed mixed use development; and the name and address of the applicant; and the address of— the site; and any other land proposed to be used in conjunction with the mixed use development; and the name and address of— each owner (other than the applicant) of land within the site; and each owner of any other land that is proposed to be used in conjunction with the mixed use development; and the written consent of each owner mentioned in paragraph (d) to the inclusion of the owner’s land in the scheme, signed by the owner; and advice that the land comprising the site is freehold land or is intended to be freeholded; and details of the existing and proposed form of tenure of any land outside the site that is proposed to be used as part of the scheme; and details of each matter for which approval is required, or that must be done, under another Act before approval of the scheme may be granted; and details of all agreements that relate to land within the site; and evidence of all— undertakings affecting the proposed development given by an interested person; and contracts affecting the proposed development entered into between the applicant and another interested person; and a schedule setting out the type and extent of development in each precinct; and details of any minimum lot sizes, height restrictions, building setback requirements, car parking requirements and other requirements that are proposed for the site; and a schedule setting out the voting entitlements, and the way of calculating the voting entitlements, of members of the community body corporate; and the proposed plan of development for the scheme. (sec.28-ssec.5) The proposed plan of development must— include— a site plan; and a delineation of the site; and real property descriptions and, if appropriate, metes and bounds descriptions; and identify the location, and specify the area, of each of the proposed precincts; and specify the name of each proposed precinct; and specify the proposed uses to be permitted within each precinct; and identify the staged use precincts proposed at the time; and identify on the site plan the relationship between the site and any adjoining lands; and identify any lands outside the site that are proposed to be used in conjunction with the establishment or operation of the proposed mixed use development; and identify— the proposed community property; and any community thoroughfare; and the access points to the site from roads outside the site; and identify the proposed roads and other proposed major engineering works within the site; and identify existing easements and reserves; and identify existing buildings; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. (sec.28-ssec.6) If the application relates to land that is taken to be zoned for the proposed mixed use development, a matter mentioned in subsection (4) is required to be set out in, or accompany, the application only if the applicant has not already given the relevant information or material to the local government. (sec.28-ssec.7) A matter mentioned in subsection (4) or (5) may be expressed in words or by way of words and a diagram. (sec.28-ssec.8) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.