Information Response - Lodgement

Statutory Requirement

Pursuant to section 10 of SPA, “reconfiguring a lot” and “lot” are defined as follows (nb. applicable references
relating to ‘balance lot’ creation are highlighted in yellow):-

          reconfiguring a lot means—
          (a) creating lots by subdividing another lot; or
          (b) amalgamating 2 or more lots; or
          (c) rearranging the boundaries of a lot by registering a plan of subdivision; or
          (d) dividing land into parts by agreement rendering different parts of a lot immediately available for
              separate disposition or separate occupation, other than by an agreement that is—
              (i)     a lease for a term, including renewal options, not exceeding 10 years; or
              (ii)    an agreement for the exclusive use of part of the common property for a community titles
                      scheme under the Body Corporate and Community Management Act 1997; or
          (e) creating an easement giving access to a lot from a constructed road.

          lot means—
          (a) a lot under the Land Title Act 1994; or
          (b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act
              1994; or
          (c) common property for a community titles scheme under the Body Corporate and Community
              Management Act 1997; or
          (d) ….

Schedule 2 of the Land Title Act 1994 defines a lot as:-

          lot means a separate, distinct parcel of land created on –
          (a) The registration of a plan of subdivision; or
          (b) The recording of particulars of an instrument;
          and includes a lot under the Building Units and Group Titles Act 1980.

In consideration of the above, the proposed approach to registration and titling across the development is
defined as a reconfiguration of a lot only due to the resultant creation of ‘balance lot/s’ which will occur with the
registration of each BFP phase. The resultant balance lots will incrementally decrease in area with the
registration of each relevant BFP.

We note that we have previously provided an example as to how the proposed sequencing of development may
occur over time. An updated set of these plans is attached for Council’s information. At this stage, a complete
sequence through to completion has not been provided, as the sequence of registration to completion will
depend on market response and is not yet known.

To further articulate the form of the proposed reconfiguration of a lot, we offer the following example of
sequencing for the initial stages of the development (i.e. first 6 steps of registration).




JFP Ref: M2652                                                                                                     Page 3