Approval of plan of subdivision
144 Approval of plan of subdivision
If the requirements of section 143 are met and a termination proposal can proceed further, the proponent of the proposal can then make an application under the Planning and Development Act 2005 Part 10 for approval of a plan of subdivision for the proposal (that is, for 1 or more tier parcels to cease being subdivided by a community titles scheme).
The application must —
to the extent that the subdivision of land is subdivision by a community scheme, be made in accordance with Part 3 Division 3; and
Note for this paragraph:
It may also be necessary to apply for an amendment of the community development statement under Part 3 Division 2.
to the extent that the subdivision of land involves land that is to cease being subdivided by a community scheme, be made under the Planning and Development Act 2005 Part 10 as an application for approval to subdivide land under that Act.
It is not necessary under subsection (2)(a) for a plan of subdivision to show an amendment of a community titles scheme as a consequence of the termination of a community titles scheme that belongs to that scheme if the community titles scheme (as amended) is, itself, also to be terminated.
The Planning and Development Act 2005 applies to the application subject to —
the modification that a reference to subdivision is to be read as including a reference to termination of a community titles scheme; and
any other appropriate modifications.
Note for this subsection:
For an application under subsection (2)(a) the modifications to the Planning and Development Act 2005 are in addition to the modifications set out in section 30.
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