Unit Titles Act 2001

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.

The territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—

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

any change of unit or common property boundaries provided for by the amendment is a minor boundary change.

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—

the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and

either—

the interested person would not suffer any substantial long‑term detriment because of the proposed amendment; or

despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the parcel.

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.

Examples of people whose amenity may be affected

1 owners or occupiers of units

2 owners or occupiers of nearby premises

3 members of the public who regularly use the surrounding area

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.