sec.13Subdivision etc. of land within certain residential zones

### sec.13 Subdivision etc. of land within certain residential zones An initial lot within a residential zone may only be subdivided in the manner and to the extent prescribed by this section. In a plan of survey subdividing an initial lot, each secondary lot must have access to the primary thoroughfare whether directly or through a lot or lots shown on the plan as constituting a secondary thoroughfare. For the purposes of determining whether to approve a plan of survey subdividing an initial lot, the local government shall deem any area shown in the plan of survey or the initial plan of survey as being secondary thoroughfare or primary thoroughfare to be dedicated road. When a plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each secondary lot the maximum number of group title lots or, as the case may be, building unit lots into which that lot may be subdivided for residential purposes. The local government shall not approve the plan of survey unless it is satisfied that the plan complies with this section and that the total number of lots specified in the schedule accompanying the plan in respect of all secondary lots into which an initial lot is subdivided does not exceed the maximum number of lots specified in respect of that initial lot in the schedule that accompanied the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site whereby that initial lot was created. The provisions of subsection (2) shall apply in respect of the amalgamation of secondary lots as if the amalgamation were a subdivision of an initial lot comprising the secondary lots being amalgamated and the maximum number of lots into which that lot would have been subdivided was the sum of the maximum number of lots into which each of the lots being amalgamated could have been subdivided. A plan of survey may from time to time be lodged with the registrar of titles to enable part of the land comprising a secondary thoroughfare to cease to be part of the secondary thoroughfare and other land to become part of the secondary thoroughfare. The registrar of titles shall not register a plan of survey lodged with the registrar pursuant to subsection (4) unless the plan has endorsed thereon the approval of the local government. The local government shall not approve the plan of survey unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. A copy of the plan of survey shall be forwarded to the chief executive. Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (4) , any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey. s 13 amd 1987 s 6; 1987 No. 92 s 14 ; 1989 No. 114 s 10 ; 2009 No. 26 s 59 sch (sec.13-ssec.1) An initial lot within a residential zone may only be subdivided in the manner and to the extent prescribed by this section. (sec.13-ssec.2) In a plan of survey subdividing an initial lot, each secondary lot must have access to the primary thoroughfare whether directly or through a lot or lots shown on the plan as constituting a secondary thoroughfare. (sec.13-ssec.2A) For the purposes of determining whether to approve a plan of survey subdividing an initial lot, the local government shall deem any area shown in the plan of survey or the initial plan of survey as being secondary thoroughfare or primary thoroughfare to be dedicated road. (sec.13-ssec.2B) When a plan of survey is submitted to the local government for its approval, it shall be accompanied by a schedule setting out in respect of each secondary lot the maximum number of group title lots or, as the case may be, building unit lots into which that lot may be subdivided for residential purposes. (sec.13-ssec.2C) The local government shall not approve the plan of survey unless it is satisfied that the plan complies with this section and that the total number of lots specified in the schedule accompanying the plan in respect of all secondary lots into which an initial lot is subdivided does not exceed the maximum number of lots specified in respect of that initial lot in the schedule that accompanied the initial plan of survey or, as the case may be, the initial plan of survey of the adjacent site whereby that initial lot was created. (sec.13-ssec.3) The provisions of subsection (2) shall apply in respect of the amalgamation of secondary lots as if the amalgamation were a subdivision of an initial lot comprising the secondary lots being amalgamated and the maximum number of lots into which that lot would have been subdivided was the sum of the maximum number of lots into which each of the lots being amalgamated could have been subdivided. (sec.13-ssec.4) A plan of survey may from time to time be lodged with the registrar of titles to enable part of the land comprising a secondary thoroughfare to cease to be part of the secondary thoroughfare and other land to become part of the secondary thoroughfare. (sec.13-ssec.5) The registrar of titles shall not register a plan of survey lodged with the registrar pursuant to subsection (4) unless the plan has endorsed thereon the approval of the local government. (sec.13-ssec.5A) The local government shall not approve the plan of survey unless it is satisfied that access to any land within the site or the adjacent site will not be restricted or if access is restricted the proprietor of that land consents to that restriction. (sec.13-ssec.5B) A copy of the plan of survey shall be forwarded to the chief executive. (sec.13-ssec.6) Upon registration of a plan of survey lodged with the registrar of titles pursuant to subsection (4) , any plan of survey or group titles plan to which the firstmentioned plan of survey relates is deemed to be amended to the extent shown on the firstmentioned plan of survey.