Page 2165 - Week 06 - Tuesday, 8 May 2012
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1.19 Information about certain development proposals
(1) This section applies—
(a) in relation to a development proposal for—
(i) a development mentioned in section 1.100 or section 1.100A; or
(ii) a development mentioned in section 1.100B if the development is not required to be carried out urgently to address a risk of death or injury to a person, serious harm to the environment or significant damage to property; and
(b) if—
(i) a place (the adjoining place) other than unleased land adjoins the place (the developing place) to which the development proposal relates; and
(ii) the adjoining place has 1 or more dwellings on it.
Note Dwelling—see s 5.
(2) The proponent of the development proposal must take reasonable steps to give written information about the proposal to an occupier (a resident) of each dwelling.
Note 1 If a form is approved under the Act, s 425 for this provision, the form must be used.
Note 2 If particular information is to be included in the form for the written information, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).
(3) However, the proponent need not give written information under subsection (2) to a resident of a dwelling on an adjoining place if the resident is the proponent or a person for whom the proponent has been appointed to act as agent.
(4) The proponent may give the written information to a resident of a dwelling by leaving it at the dwelling.
Examples
1 if the dwelling is an apartment—leaving it in the letterbox for the apartment
2 placing it under a door that gives access into the dwelling
Note 1 The written information may be given in other ways (see Legislation Act, pt 19.5).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(5) In this section:
adjoins—see the Planning and Development Act 2007, section 153.
resident, of a dwelling, includes a person believed on reasonable grounds to be occupying the dwelling.
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