42Application for variation of scheme

### 42 Application for variation of scheme > > (1)  The developer under a registered staged development scheme may apply for the variation of the scheme. > > > (2)  The application is to be made in the first instance to the council for the area in which the site is situated. > > > (3)  The application must indicate how the scheme is to be varied. > > > (4)  The application must by accompanied by – > > > > > > (a) the written consents of all present and prospective owners of lots in the scheme; and > > > > > > > (b) the prescribed fee. > > > (5)  The council may dispense with the consent of a present or prospective owner if – > > > > > > (a) the council is satisfied that the owner would not be adversely affected by the variation; or > > > > > > > (b) the council is satisfied that the whereabouts of the owner or prospective owner is unknown to, and not reasonably ascertainable by, the applicant; or > > > > > > > (c) if less than 25% of the present and prospective owners have refused or failed to consent, the council is satisfied that consent has been unreasonably withheld. > > > (6)  The council may – > > > > > > (a) approve the variation unconditionally; or > > > > > > > (b) approve the variation subject to specified conditions; or > > > > > > > (c) refuse to approve the variation.