Document ID: chunk:federal_register_of_legislation:F2019L01386:clause:2_2:p19
Version: federal_register_of_legislation:F2019L01386
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 19/24)
Character Range: 242549–246068

2. as part of the area under the title for the individual units;

         (b)           any loading bays provided for:

             1. common use must be in common property; and

             2. the sole use of an individual unit must be in the entitlement of that unit;

         (c)           any areas set aside for the communal storage and collection of garbage and other solid waste must be included in common property;

         (d)           any private open space associated with a dwelling must be included in the unit entitlement of that dwelling; and

         (e)           any communal facilities and amenities or open space provided for hostels, multiple dwellings and supporting accommodation must be included in common property.

      3.         A lawfully established use or development on a lot may be subdivided to create a unit title scheme only if the use or  development has been upgraded to meet the performance criteria within Part 4 of the Town Plan that apply to the use or development of the land.

      If it is not possible to meet the criteria the consent authority must be satisfied that the proposed upgrading is the only practicable design solution.

      4.          The consent authority must not consent to a subdivision that results in a separate unit title for:

         (a)           an independent unit; or

         (b)           a business associated with a home occupation, home based contracting or medical consulting rooms.

      5.         If there is a requirement for a firebreak along the perimeter boundary of the unit title scheme, the consent authority must not consent to a subdivision unless the firebreak is within common property.

      6.         If there is a requirement for common infrastructure including internal roads, water supply, effluent disposal, waste disposal or power generation, the consent authority must not consent to a subdivision unless that infrastructure is within common property or vested in the relevant service authority.

      7.         Where a subdivision to create a unit title scheme proposes  that the land will be vacant at the time titles issue, the land area of individual units should be consistent with clauses 10.1.1 Minimum Lot Sizes and Requirements and 10.1.2 Integrated Residential Development.

      For the purpose of sub-clause 7, "land area" does not include:

         (a)           common property;
         (b)           land that will be permanently inundated; or
         (c)           a marina berth.

                                                                                                                                                                                                                                                                                                                               If the Bushfires Management Act 2016 (NT) applies to the land that Act may require provision of a firebreak along the property boundary.

     10.2      Residential Subdivision

10.2.1  Site Characteristics in Residential Subdivision
       1. The purpose of this clause is to ensure residential subdivisions respond to the physical characteristics of the land.

       2. Residential subdivision design should:

         (a)           avoid the development of land of excessive slope, unstable or otherwise unsuitable soils (e.g. seasonally waterlogged) and natural drainage lines;                                                                      Clause 6.3.4