Mixed Use Development Act 1993
sec.64Approval of community plan
Start here
Get a plain-English read of sec.64
Turn the raw legal text into a practical explanation grounded in Mixed Use Development Act 1993.
sec.64 Approval of community plan
The local government may approve a community plan and schedule only if it is satisfied that— each lot comprising community property is shown on— the plan; or a previous plan approved by the local government that forms part of the community plan; and each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and the provisions of the scheme that apply to the lots on the plan have been complied with; and the lots on the plan have been, or will be, provided with essential services. For the purposes of subsection (1) (b) — if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or if the site is remote and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site. If a community development lot is taken to have access to a dedicated road under subsection (2) , a lot is also taken to have access to a dedicated road if created by the subdivision of— the community development lot; or a lot created by the subdivision of the community development lot. Subsection (3) has effect subject to the provisions of this Act that relate to access. s 64 amd 1999 No. 30 s 98 sch 3 pt 1 (sec.64-ssec.1) The local government may approve a community plan and schedule only if it is satisfied that— each lot comprising community property is shown on— the plan; or a previous plan approved by the local government that forms part of the community plan; and each community development lot has access to a dedicated road outside the site directly or through the community thoroughfare that is, or is to be, constructed on the community property; and if there is more than 1 community development lot in a precinct—the combined voting entitlement of the lots equals the voting entitlement of the precinct; and the provisions of the scheme that apply to the lots on the plan have been complied with; and the lots on the plan have been, or will be, provided with essential services. (sec.64-ssec.2) For the purposes of subsection (1) (b) — if the site is on an island and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the lot or the community thoroughfare adjoins the foreshore; or if the site is remote and there is no dedicated road adjoining the site—a community development lot is taken to have access to a dedicated road if the Minister has advised the local government that the Minister is satisfied that there is appropriate access to the site. (sec.64-ssec.3) If a community development lot is taken to have access to a dedicated road under subsection (2) , a lot is also taken to have access to a dedicated road if created by the subdivision of— the community development lot; or a lot created by the subdivision of the community development lot. (sec.64-ssec.4) Subsection (3) has effect subject to the provisions of this Act that relate to access.