sec.24-oc.2Approval of subdivision

### sec.24-oc.2 Approval of subdivision The provisions relating to subdivision of land contained in the Local Government (Planning and Environment) Act 1990 shall not apply to— a subdivision of land into lots effected by the registration of a leasehold building units plan; or a resubdivision of lots or common property or lots and common property effected by the registration of a leasehold plan of resubdivision; or a lease or sublease of a lot or common property. (amended) However the boundaries of the parcel must correspond with boundaries of a lawful subdivision within the meaning of the principal Act and, where the council is the local government, the Local Government (Planning and Environment) Act 1990 . (amended) (not applied) (not applied) In respect of an application for a certificate for the purposes of section 9 (7) , the local government shall, direct the issue of the certificate if it is satisfied that— the subdivision complies with subsection (1) and the principal Act; and separate occupation of the proposed lots will not contravene— the planning scheme made by the council as in force from time to time; or the policies of the local government in force in the case of a leasehold building units plan, at the date of the approval given by the local government to the erection of the building; and any consent or approval required under the planning scheme made by the council as in force from time to time or local law has been given in relation to the separate occupation of the proposed lots; and the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case, the public interest and the adequacy of access drives and parking areas within the common property. (amended) (not applied) An applicant for a certificate required for the purposes of section 9 (7) who feels aggrieved by the failure of a local government to direct the issue of a certificate under the provisions of the Local Government (Planning and Environment) Act 1990 may appeal to the Planning and Environment Court under the Local Government (Planning and Environment) Act 1990 and the provisions of that Act shall extend with such modifications as may be necessary to and in respect of such appeal. (new) The provisions of subsections (4) and (6) do not apply where the corporation is the local government. (new) (sec.24-oc.2-ssec.1) The provisions relating to subdivision of land contained in the Local Government (Planning and Environment) Act 1990 shall not apply to— a subdivision of land into lots effected by the registration of a leasehold building units plan; or a resubdivision of lots or common property or lots and common property effected by the registration of a leasehold plan of resubdivision; or a lease or sublease of a lot or common property. (amended) (sec.24-oc.2-ssec.1A) However the boundaries of the parcel must correspond with boundaries of a lawful subdivision within the meaning of the principal Act and, where the council is the local government, the Local Government (Planning and Environment) Act 1990 . (amended) (sec.24-oc.2-ssec.2) (not applied) (sec.24-oc.2-ssec.3) (not applied) (sec.24-oc.2-ssec.4) In respect of an application for a certificate for the purposes of section 9 (7) , the local government shall, direct the issue of the certificate if it is satisfied that— the subdivision complies with subsection (1) and the principal Act; and separate occupation of the proposed lots will not contravene— the planning scheme made by the council as in force from time to time; or the policies of the local government in force in the case of a leasehold building units plan, at the date of the approval given by the local government to the erection of the building; and any consent or approval required under the planning scheme made by the council as in force from time to time or local law has been given in relation to the separate occupation of the proposed lots; and the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case, the public interest and the adequacy of access drives and parking areas within the common property. (amended) (sec.24-oc.2-ssec.5) (not applied) (sec.24-oc.2-ssec.6) An applicant for a certificate required for the purposes of section 9 (7) who feels aggrieved by the failure of a local government to direct the issue of a certificate under the provisions of the Local Government (Planning and Environment) Act 1990 may appeal to the Planning and Environment Court under the Local Government (Planning and Environment) Act 1990 and the provisions of that Act shall extend with such modifications as may be necessary to and in respect of such appeal. (new) (sec.24-oc.2-ssec.8) The provisions of subsections (4) and (6) do not apply where the corporation is the local government. (new) - (a) a subdivision of land into lots effected by the registration of a leasehold building units plan; or - (b) a resubdivision of lots or common property or lots and common property effected by the registration of a leasehold plan of resubdivision; or - (c) a lease or sublease of a lot or common property. - (a) the subdivision complies with subsection (1) and the principal Act; and - (b) separate occupation of the proposed lots will not contravene— (i) the planning scheme made by the council as in force from time to time; or (ii) the policies of the local government in force in the case of a leasehold building units plan, at the date of the approval given by the local government to the erection of the building; and - (i) the planning scheme made by the council as in force from time to time; or - (ii) the policies of the local government in force in the case of a leasehold building units plan, at the date of the approval given by the local government to the erection of the building; and - (c) any consent or approval required under the planning scheme made by the council as in force from time to time or local law has been given in relation to the separate occupation of the proposed lots; and - (d) the proposed subdivision of the parcel into lots for separate occupation will not interfere with the existing or likely future amenity of the neighbourhood, having regard to the circumstances of the case, the public interest and the adequacy of access drives and parking areas within the common property. - (i) the planning scheme made by the council as in force from time to time; or - (ii) the policies of the local government in force in the case of a leasehold building units plan, at the date of the approval given by the local government to the erection of the building; and