Bell 13Nov2019 · RAL19/0011

    Blake Bell                                                                         13 November 2019



Fundamentals of the Application

The Applicant has the right to make a development application.1

The application is properly made because it appears to comply with the relevant formal
requirements and has been accepted by Council as being properly made.2

The subset of “development” which is proposed is “reconfiguring a lot”.3

“Reconfiguring a lot” is defined4, relevantly, as follows:

           reconfiguring a lot means—

           …

           (c) rearranging the boundaries of a lot by registering a plan of subdivision under the Land Act
           or Land Title Act; or

           …

“Lot” is defined5, relevantly, as follows:

           lot means—

           (a) a lot under the Land Title Act; or
           (b) …

Under the Land Title Act, “Lot” is defined, relevantly, as follows:

           lot means a separate, distinct parcel of land created on—

           (a) the registration of a plan of subdivision; or
           (b) …

Each of the subject lots is a lot under the Land Title Act 1994.

The application is to rearrange boundaries of lots.

If approved, the development will be completed by registering a plan of subdivision under the Land
Title Act 1994.

We are of the opinion that there is no fundamental reason why the subject application could not be
made, notwithstanding one of the lots is of an unusual shape.




1
  Section 50 Planning Act
2
  Section 51 Planning Act
3
  Schedule 2 Planning Act, definition “development”
4
  Schedule 2 Planning Act, definition "reconfiguring a lot"
5
  Schedule 2 Planning Act, definition "lot"

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