COMMUNITY TITLE ACT 2001 - SECT 10 Community title scheme proposal—approval

COMMUNITY TITLE ACT 2001 - SECT 10

    (1)     The territory planning authority may approve a community title scheme proposal if satisfied that—

        (a)     the proposal is in accordance with section 8 (Community title scheme proposal—application for approval); and

        (b)     the proposed community title scheme complies with section 5 (2) and (3) (Community title schemes); and

        (c)     the proposed lot entitlement schedule is reasonable having regard to the prospective relative values of the lots to be included in the scheme that are not to be common property.

    (2)     The territory planning authority may refuse to approve a community title scheme proposal if the authority considers the proposal relates to a single building or single set of physically related buildings with no, or limited, external open space.

    (3)     For subsection (2), the authority must take into account whether—

        (a)     the proposed lots correspond to attached or semi-detached buildings; and

        (b)     the proposed lots are limited wholly or partly by height or depth; and

        (c)     the common property is above or below another proposed lot; and

        (d)     if the community title scheme proposal relates to a single set of physically related buildings—

              (i)     the buildings are physically integrated, for example, through underground car parking or physical overpasses; and

              (ii)     the buildings make use of physically integrated common facilities, for example, lifts and underground car parking; and

        (e)     the amount of open space is limited relative to the buildings in the community title scheme proposal.

Examples—open space

1     lawns and gardens

2     internal roads

    (4)     The territory planning authority may refuse to approve a community title scheme if the lessee of a lot proposed to be included in the scheme is in breach of the lease, or a provision of (or requirement under) the Planning Act 2023

that applies to the lessee because the lessee is the lessee of the lot.

    (5)     The territory planning authority may refuse to approve a community title scheme proposal if the proposal is inconsistent with a heritage guideline or heritage direction under the Heritage Act 2004

.