Applications under Scheme
35 Applications under Scheme
This clause applies if —
approval under a local planning scheme of development of land in the metropolitan region is not required; but
development approval under this Scheme is required for development of the land.
An application for development approval under this Scheme of the development must be lodged with the local government in the district of which the land is situated.
An application made under subclause (2) must be —
made in the form approved by the Commission; and
signed by the owner of the land on which the development is proposed; and
accompanied by any plans and other information required under clause 36.
For the purposes of subclause (3)(b), a person or body may sign an application for development approval under this Scheme as the owner of freehold land if the person or body is 1 of the following —
a person who is referred to in paragraph (a) of the definition of owner in clause 7;
a strata company that —
is authorised to make an application for development approval in respect of the land under scheme by‑laws registered under the Strata Titles Act 1985; and
if the land is held under a leasehold scheme, has the written consent of the owner of the leasehold scheme to make the application;
a community corporation for a community titles scheme that is authorised to make an application for development approval in respect of the land under scheme by‑laws registered for the community titles scheme under the Community Titles Act 2018;
a person who is authorised under another written law to make an application for development approval in respect of the land;
an agent of a person referred to in paragraph (a).
The Planning and Development Act 2005 section 267A makes provision for the signing of documents by the owner of Crown land or freehold land in the name of the State.
If a term used in subclause (4)(b) is given a meaning in the Strata Titles Act 1985 section 3(1), it has the same meaning in subclause (4)(b).
If a term used in subclause (4)(c) is given a meaning in the Community Titles Act 2018 section 3(1), it has the same meaning in subclause (4)(c).
[Clause 35 inserted: Act No. 41 of 2024 s. 5.]
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