sec.35Application that includes future development area

sec.35 Application that includes future development area

An application under division 1 for the approval of a scheme (the primary application ) may identify an area (a future development area ) in relation to which— provisional approval is sought; and a subsequent application is proposed to be made under division 1 . A future development area may only contain freehold land or land intended to be freeholded. Except in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area— 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 proposed. The primary application may include a future development area only if— the future development area is contiguous with the other land mentioned in the application; and the intended use of the future development area is compatible with the intended use of the other land. For the purposes of subsection (4) , a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land. If the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1 , give to the local government— the address of the future development area; and a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and the name and address of each owner (other than the applicant) of land within the future development area; and the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and advice that the land in the future development area is freehold land or is intended to be freeholded. The site plan must identify— the relationship between the future development area, the site and any adjoining lands; and any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and any access points to the future development area from roads outside the future development area; and existing easements and reserves; and any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and the nature and extent of development proposed in the future development area. s 35 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.35-ssec.1) An application under division 1 for the approval of a scheme (the primary application ) may identify an area (a future development area ) in relation to which— provisional approval is sought; and a subsequent application is proposed to be made under division 1 . (sec.35-ssec.2) A future development area may only contain freehold land or land intended to be freeholded. (sec.35-ssec.3) Except in relation to land intended to be freeholded, the primary application may include a future development area only if the land in the future development area— 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 proposed. (sec.35-ssec.4) The primary application may include a future development area only if— the future development area is contiguous with the other land mentioned in the application; and the intended use of the future development area is compatible with the intended use of the other land. (sec.35-ssec.5) For the purposes of subsection (4) , a future development area that is separated from the other land only by a road, railway, tramway or boundary watercourse is taken to be contiguous with the other land. (sec.35-ssec.6) If the primary application identifies a future development area, the applicant must, in addition to giving the information and material required by division 1 , give to the local government— the address of the future development area; and a site plan and delineation of the future development area, including real property descriptions and, if appropriate, metes and bounds descriptions; and the name and address of each owner (other than the applicant) of land within the future development area; and the written consent of each owner mentioned in paragraph (c) to the inclusion of the owner’s land in the future development area; and advice that the land in the future development area is freehold land or is intended to be freeholded. (sec.35-ssec.7) The site plan must identify— the relationship between the future development area, the site and any adjoining lands; and any lands outside the future development area that are proposed to be used in conjunction with the establishment or operation of the proposed development; and any access points to the future development area from roads outside the future development area; and existing easements and reserves; and any watercourse lines, flood lines, storm surge levels, waterholes and similar features; and the nature and extent of development proposed in the future development area.