Application for variation of scheme
42 Application for variation of scheme
The developer under a registered staged development scheme may apply for the variation of the scheme.
The application is to be made in the first instance to the council for the area in which the site is situated.
The application must indicate how the scheme is to be varied.
The application must by accompanied by – the written consents of all present and prospective owners of lots in the scheme; and the prescribed fee.
The council may dispense with the consent of a present or prospective owner if – the council is satisfied that the owner would not be adversely affected by the variation; or the council is satisfied that the whereabouts of the owner or prospective owner is unknown to, and not reasonably ascertainable by, the applicant; or 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.
The council may – approve the variation unconditionally; or approve the variation subject to specified conditions; or refuse to approve the variation.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.