PLANNING AND DEVELOPMENT ACT 2005 - SECT 145

PLANNING AND DEVELOPMENT ACT 2005 - SECT 145

145 .         Diagram or plan of survey of approved plan of subdivision, approval of

        (1)         A person to whom approval of a plan of subdivision has been given may, within the period that applies under section 145A —

            (a)         submit to the Commission in the prescribed manner and form a diagram or plan of survey of the subdivision, accompanied by the prescribed fee; and

            (b)         request the Commission to approve the diagram or plan of survey of the subdivision.

        [(2)         deleted]

        (3)         If a subdivision is being carried out in stages, a diagram or plan of survey of the subdivision may be submitted to the Commission under subsection (1) in relation to a stage of subdivision.

        (4)         Subject to subsection (6), the Commission must endorse its approval on the diagram or plan of survey if the Commission is satisfied that —

            (a)         the diagram or plan of survey is in accordance with the plan of subdivision approved by the Commission; and

            (b)         if that approval was given subject to conditions —

                  (i)         the conditions (other than any conditions to which subparagraph (ii) applies) have been complied with; and

                  (ii)         any conditions that cannot be complied with until a certificate of title is created or registered will be complied with at that time.

        (4A)         In the case of a diagram or plan of survey submitted in relation to a stage of subdivision, the conditions to which subsection (4)(b) applies are the conditions imposed on the approval in relation to that stage of subdivision or that, in the opinion of the Commission, are relevant to that stage of subdivision or the subdivision as a whole.

        (5)         The Commission is to try to deal with the request under subsection (1)(b) within the period of 30 days after the day on which the request is made to the Commission or within such longer period after that day as may be agreed in writing between the Commission and the person making the request.

        (6)         If, in the case of a diagram or plan of survey submitted in relation to a stage of subdivision, the Commission is of the opinion that, because of planning considerations, it is not appropriate to approve the diagram or plan of survey, the Commission may refuse to endorse its approval on the diagram or plan of survey.

        (7)         If, at the expiration of the period referred to in subsection (1), a diagram or plan of survey of the subdivision has not been submitted to the Commission, the approval of the plan of subdivision ceases to have effect and the diagram or plan of survey cannot be submitted to the Commission under this section.

        [Section 145 amended: No. 26 of 2020 s. 90.]