64Scheme intended to be developed progressively

64 Scheme intended to be developed progressively (1) A scheme is intended to be developed progressively if: (a) the developer intends that all or part of the scheme land is to be further developed (including, for example, by a further subdivision or consolidation of all or part of the land); and (b) the implementation of a stage of the development (whether or not the stage is specified in the scheme statement) will require the issuing of a development permit or exceptional development permit under the Planning Act 1999; and (c) at least 1 stage of the development is yet to be completed. The scheme statement must specify certain information about the development. See section 18(1)(e). (2) Without limiting subsection (1), a scheme is intended to be developed progressively in each of the following circumstances: (a) part of the scheme land is intended to be further subdivided to create more units (whether or not forming the scheme land of another scheme); (b) part of the scheme land is intended to be excised from the scheme land (whether or not forming the scheme land of another scheme); (c) additional lots are intended to be incorporated into the scheme land. (3) Subsection (1) does not prevent a scheme not intended to be developed progressively from becoming a scheme that is so intended. Example for section 64 Diagrams 64.1 and 64.2 show how a scheme develops progressively by subdividing a unit (unit 1) to create units 4 and 5.

Unit Title Schemes Act 2009 38 Diagram 64.1 – Before implementing a stage of development Diagram 64.2 – After implementing a stage of development