Enforcement of schemes of development
11 Enforcement of schemes of development
Sch. 2 cl. 11(1) amended by No. 57/1993 s. 17(5).
A Council or a body corporate created on a cluster plan or a member of that body corporate may apply to a court of competent jurisdiction for an order—
compelling performance, or restraining a breach, of a requirement or restriction in a scheme of development; or
awarding damages for loss or damage arising out of a breach of a requirement or restriction in a scheme of development—
by a body corporate, a member of the body corporate or (to the extent that the requirement or restriction is negative in character) the occupier of a lot affected by the body corporate.
The court may make the order applied for if it is satisfied it is just and equitable to do so.
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