Australian Capital Territory Consolidated Acts

UNIT TITLES ACT 2001 - SECT 20

    (1)     The planning and land authority may approve a unit title application if satisfied on reasonable grounds that—

        (a)     the application is in accordance with this Act; and

        (b)     each unit is (or will be) suitable for separate occupation, and for a use that is not inconsistent with the lease of the parcel; and

        (c)     the proposed schedule of unit entitlement is reasonable, having regard to the prospective relative improved values of the units; and

        (d)     if the application shows an encroachment on a public place by an attachment to a building—

              (i)     if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or

Note     Authorised existing attachment —see s (7).

              (ii)     in any other case—

    (A)     the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and

    (B)     it is not in the public interest to refuse to approve the application because of the encroachment.

    (2)     The planning and land authority may approve a unit title application that provides for a staged development only if satisfied that—

        (a)     the development has development approval under the Planning and Development Act 2007 , chapter 7; and

        (b)     for a staged development of class A units—the boundary floors, walls and ceilings of each unit in the first stage have been built in accordance with the development statement.

    (3)     The planning and land authority may refuse to approve the application if the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning and Development Act 2007 that applies because the lessee is the lessee of the parcel.

    (4)     The planning and land authority may refuse to approve the application if the proposed subdivision would be inconsistent with the requirements of the heritage register.

    (5)     If a parcel is leased for rural purposes, the planning and land authority may approve the application only if—

        (a)     criteria have been determined by the authority for the approval of rural unit title applications; and

        (b)     the application is in accordance with the criteria.

    (6)     A determination under subsection (5) (a) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (7)     In this section:

"authorised existing attachment", in relation to a unit title application, means—

        (a)     if the application includes the cancellation of a units plan (the "old plan") that was registered before 1 January 2002—the old plan shows the attachment; or

        (b)     in any other case—the attachment was lawful when it was constructed.

"first stage", for a staged development of class A units, means the stage identified as the first stage in the development statement.