AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 - SECT 85

85. Refusal of application for subdivision

The council may refuse to approve a plan of subdivision if it is of the opinion –

(a) that the roads will not suit the public convenience, or will not give satisfactory inter-communication to the inhabitants both of the subdivision and the municipal area in which it is; or

(b) that the drainage both of roads and of other land will not be satisfactorily carried off and disposed of; or

(ba) that the land is not suitable for an on-site effluent disposal system for all or specified kinds of effluent from each block; or

(c) that the site or layout will make unduly expensive the arrangements for supply of water and electricity, connection to drains and sewers and the construction or maintenance of streets; or

(d) that the layout should be altered to include or omit –

(i) blind roads; or

(ii) alleys or rights of way to give access to the rear of lots; or

(iii) public open space; or

(iv) littoral or riparian reserves of up to 30 metres in from the shore of the sea or the bank of a river, rivulet or lake; or

(v) private roads, ways or open spaces; or

(vi) where the ground on one side is higher than on the other, wider roads in order to give reasonable access to both sides; or

(vii) licences to embank highways under the Highways Act 1951; or

(viii) provision for widening or deviating ways on or adjoining land comprised in the subdivision; or

(ix) provision for the preservation of trees and shrubs; or

(e) that adjacent land of the owner, including land in which the owner has any estate or interest, ought to be included in the subdivision; or

(f) that one or more of the lots is by reason of its shape in relation to its size or its contours unsuitable for building on; or

(g) that one or more of the lots ought not to be sold because of –

(i) easements to which it is subject; or

(ii) party-wall easements; or

(iii) the state of a party-wall on its boundary.



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