Page 2942 - Week 09 - Thursday, 18 August 2005
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10A New section 30 (1A) and (1B)
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(1A) If the amendment of the development statement only affects an uncompleted stage of a staged development, the planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
(n) the applicant has obtained the written agreement to the amendment of each person with an interest in a unit in that part of the parcel comprising the uncompleted stages of the development (except any interested person to whom subsection (1B) applies); and
(o) any change of unit or common property boundaries provided for by the amendment is a minor boundary change within the uncompleted stages of the development.
(1B) The planning and land authority may amend the development statement under subsection (1A) despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
(a) the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
(b) either—
(i) the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or
(ii) despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in that part of the parcel comprising the uncompleted stages of the development.
10B Section 30 (2)
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The planning and land authority may
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If subsection (1A) does not apply, the land and planning authority may
10C Section 30 (3)
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development statement
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under subsection (2)
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Proposed new clause 11A
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