sec.42Application for amendment to add land to the site

sec.42 Application for amendment to add land to the site

If the amendment proposed includes the addition to the site of land outside the site— the intended use of the additional land— must be permitted by the relevant planning scheme; or if not permitted by the relevant planning scheme—must be 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 use intended; and the intended use of the additional land must be compatible with the approved scheme. The application to add additional land must set out or be accompanied by— the name of the scheme; and the name and address of the applicant; and the address of the additional land; and the name and address of each owner (other than the applicant) of— the additional land; and any land outside the site and the future development area 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 addition of the owner’s land to the site, signed by the owner; and advice that the additional land is freehold land or is intended to be freeholded; and details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and details of all agreements that relate to any part of the additional land; and evidence of all— undertakings affecting the proposed development of the additional land given by an interested person; and contracts affecting the proposed development of the additional land 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 additional land; and a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and the proposed plan of development for the additional land. The proposed plan of development must— include— a site plan; and a delineation of the additional land; 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 any proposed staged use precincts; and identify on the site plan the relationship between the site and the additional land; and identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and identify— the proposed roads and other proposed major engineering works within the additional land; and the access points to the additional land from roads outside the land; and identify existing and proposed easements and reserves; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service. s 42 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.42-ssec.1) If the amendment proposed includes the addition to the site of land outside the site— the intended use of the additional land— must be permitted by the relevant planning scheme; or if not permitted by the relevant planning scheme—must be 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 use intended; and the intended use of the additional land must be compatible with the approved scheme. (sec.42-ssec.2) The application to add additional land must set out or be accompanied by— the name of the scheme; and the name and address of the applicant; and the address of the additional land; and the name and address of each owner (other than the applicant) of— the additional land; and any land outside the site and the future development area 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 addition of the owner’s land to the site, signed by the owner; and advice that the additional land is freehold land or is intended to be freeholded; and details of each matter for which approval is required, or that must be done, under another Act before approval of the amendment of the approved scheme may be given; and details of all agreements that relate to any part of the additional land; and evidence of all— undertakings affecting the proposed development of the additional land given by an interested person; and contracts affecting the proposed development of the additional land 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 additional land; and a schedule specifying the voting entitlements and the methods of calculating the voting entitlements of existing and proposed members of the community body corporate; and the proposed plan of development for the additional land. (sec.42-ssec.3) The proposed plan of development must— include— a site plan; and a delineation of the additional land; 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 any proposed staged use precincts; and identify on the site plan the relationship between the site and the additional land; and identify any lands outside the site and the future development area (other than additional land) that are proposed to be used in conjunction with the establishment or operation of the mixed use development; and identify— the proposed roads and other proposed major engineering works within the additional land; and the access points to the additional land from roads outside the land; and identify existing and proposed easements and reserves; and identify any watercourse lines, flood lines, storm surge levels, waterholes and similar features. (sec.42-ssec.4) In this section— interested person means the applicant, the local government, the State, the Commonwealth or the provider of a public utility service.