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Unit Titles Act 2001
29Amendment of development statements before
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29 Amendment of development statements before
(1) After a unit title application providing for a staged development is
approved (under section 20) and before the units plan is registered,
the lessee of the parcel may apply to the territory planning authority
for the amendment of the development statement.
(2) The territory planning authority may amend the development
statement as applied for if satisfied on reasonable grounds that—
(a) the applicant has obtained the written agreement to the
amendment of each person with an interest in the parcel (except
any interested person to whom subsection (3) applies); and
(b) any change of unit or common property boundaries provided for
by the amendment is a minor boundary change.
(3) The territory planning authority may amend the development
statement despite the applicant’s failure to obtain an interested
person’s agreement if the authority is satisfied on reasonable grounds
that—
(a) the applicant could not reasonably be aware of that interest, or
has made reasonable efforts to obtain the agreement; and
(i) the interested person would not suffer any substantial
or
everyone with interests in the parcel.
(4) The territory planning authority may refuse to amend the
development statement if, in the authority’s opinion based on
reasonable grounds, the amendment would result in the development
having a significantly adverse effect on anyone’s amenity while it is
taking place.
(5) If the amendment of the development statement requires the change
of boundaries, the territory planning authority may amend the
schedule of unit entitlement to reflect the change of boundaries, if
satisfied on reasonable grounds that the amendment is necessary to
reflect accurately a potential change in the relative improved values
of the units.