Page 2168 - Week 06 - Tuesday, 8 May 2012

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(b) a development application for the development of an estate has been approved in relation to the lease; and

Note  A development application for the development of an estate must be accompanied by an estate development plan (see Act, s 139 (2) (n)).

(c) the estate development plan accompanying the development application identifies the land as a block; and

(d) information about the boundaries of, and the distinguishing name or number for the land is recorded in the database maintained by the planning and land authority under the Districts Act 2002, section 17 (Digital cadastral database); and

(e) the land is not otherwise a block under the Districts Act 2002.

Note  Estate development plan—see the Act, s 94.

prescribed general exemption criteria means the general exemption criteria, other than the following:

(a) section 1.17 (Criterion 7—no multiple occupancy dwellings);

(b) section 1.18 (Criterion 8—compliance with other applicable exemption criteria).

7

Proposed new clauses 27A to 27E

Page 14, line 23—

insert

27A  Schedule 1, section 1.100A heading

substitute

1.100A Otherwise non-compliant single dwellings—old residential land 

27B  Schedule 1, new section 1.100A (1) (c)

insert

(c) section 1.19 (Information about certain development proposals) has been complied with in relation to the building or altering of the dwelling.

27C  Schedule 1, section 1.100A (5), definitions of block and preliminary block

omit

27D  Schedule 1, new section 1.100AB 

insert

1.100AB Otherwise non-compliant single dwellings—new residential land 

(1) Building a single dwelling on a block if—

(a) the building of the dwelling would be exempt under section 1.100AA, apart from the encroachment of the dwelling in 1 or more of the following ways:

(i) beyond the front, side or rear setback required under the defined rules;

(ii) beyond the building envelope that applies, under the defined rules, to the block where the dwelling is being built;

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