sec.12DAmendment of proposed use plan for minor boundary variation

### sec.12D Amendment of proposed use plan for minor boundary variation The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan ) varying the boundaries of the zones as shown on the proposed use plan of the adjacent site. The local government may approve the amending plan if it is satisfied— the plan adequately defines the boundaries of all the zones within the adjacent site; and the number of building unit lots and group title lots stated in the schedule included with the plan— is appropriate to the nature of the proposed development of the adjacent site; and is not more than the relevant maximum for the adjacent site; and the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person. For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and the group title lots or building unit lots created from the subdivision must be counted. The local government must— keep the approved amending plan; and give a copy of it to— the registrar of titles; and the chief executive. In this section— relevant maximum , for the adjacent site, means— if the proposed use plan of the adjacent site is the proposed use plan under section 4B (3) —1,100; or if the proposed use plan of the adjacent site is the proposed use plan under section 4B (4) —900. s 12D prev s 12D ins 1987 No. 91 s 11 amd 1989 No. 114 s 7 om 2009 No. 26 s 67 pres s 12D ins 2011 No. 27 s 328 (sec.12D-ssec.1) The primary thoroughfare body corporate may lodge with the local government a plan of survey (the amending plan ) varying the boundaries of the zones as shown on the proposed use plan of the adjacent site. (sec.12D-ssec.2) The local government may approve the amending plan if it is satisfied— the plan adequately defines the boundaries of all the zones within the adjacent site; and the number of building unit lots and group title lots stated in the schedule included with the plan— is appropriate to the nature of the proposed development of the adjacent site; and is not more than the relevant maximum for the adjacent site; and the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person. (sec.12D-ssec.3) For deciding the number of group title lots or building unit lots into which a particular zone may be subdivided for residential purposes— a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and the group title lots or building unit lots created from the subdivision must be counted. (sec.12D-ssec.4) The local government must— keep the approved amending plan; and give a copy of it to— the registrar of titles; and the chief executive. (sec.12D-ssec.5) In this section— relevant maximum , for the adjacent site, means— if the proposed use plan of the adjacent site is the proposed use plan under section 4B (3) —1,100; or if the proposed use plan of the adjacent site is the proposed use plan under section 4B (4) —900. - (a) the plan adequately defines the boundaries of all the zones within the adjacent site; and - (b) the number of building unit lots and group title lots stated in the schedule included with the plan— (i) is appropriate to the nature of the proposed development of the adjacent site; and (ii) is not more than the relevant maximum for the adjacent site; and - (i) is appropriate to the nature of the proposed development of the adjacent site; and - (ii) is not more than the relevant maximum for the adjacent site; and - (c) the variation of the boundaries is of a minor nature and does not substantially prejudice the rights of any person. - (i) is appropriate to the nature of the proposed development of the adjacent site; and - (ii) is not more than the relevant maximum for the adjacent site; and - (a) a group title lot that is subdivided into lots resulting in no area, other than common property, of the lot remaining must not be counted; and - (b) the group title lots or building unit lots created from the subdivision must be counted. - (a) keep the approved amending plan; and - (b) give a copy of it to— (i) the registrar of titles; and (ii) the chief executive. - (i) the registrar of titles; and - (ii) the chief executive. - (i) the registrar of titles; and - (ii) the chief executive. - (a) if the proposed use plan of the adjacent site is the proposed use plan under section 4B (3) —1,100; or - (b) if the proposed use plan of the adjacent site is the proposed use plan under section 4B (4) —900.