CLUSTER TITLES BILL.

Transcription

1 525 CLUSTER TITLES BILL. EXPLANATORY M EM O RANDUM. The main purpose of this Bill is to facilitate the subdivision of land in Cluster " lorm. This form o( subdivision involves the creation of both lots and common property to be owned and used by the owners o f the lots, but without any horizontal slicing into strata " as provided for by the Strata Titles legislation. Cluster subdivision resembles conventional subdivision in some respects, and strata subdivision in others (particularly as regards the common property), and this mixed character is reflected in the Bill. The provisions of the Bill are intended to allow the greatest possible flexibility in cluster subdivision design consistent with proper control. The following notes concerning individual clauses may make examination of the Bill easier : I. This clause provides for the provisions of the Bill to be brought into operation in stages. Clause 2. This clause requires the Bill to be read in conjunction with the Transfer o f Land Act 1958 and the rules and regulations made under it, except in certain respects. C/aivJc 3. The defined terms generally correspond with similar terms used in the /tct The terms cluster redevelopment, cluster subdivision and scheme of development however, of fundamental importance in the scheme of the Bill. are, PART I. PLANS OF CLUSTER SUBDIVISION AND OF CLUSTER REDEVELOPMENT. This Part is concerned mainly with the sealing of plans of cluster subdivision and cluster redevelopment by municipal councils, and treats the process as being analogous to the sealing of plans of subdivision of vacant land under the Cova/t/ue/;/ Xcf 1958 (conventional subdivision). Clause 4. This clause requires any person proposing a cluster subdivision or cluster redevelopment to notify the local council and supply a plan and particulars of the proposal. 5. This clause is intended to ensure that in future only m ultisto ry own-your-own subdivisions are dealt with under the S'/m/a T///e.y C/ome 6. It would be possible for the opportunities allowed by the Bill to be abused it there were not propei town planning control in the neighbourhood of the land being subdivided, and this clause piohibits the sealing of a plan of cluster subdivision if there is no planning scheme or interim development order in operation or if the subdivision does not accord with it. Clause 7. The requirements imposed bv this clause resemble those imposed by the Local Government Act and the Strata Titles Act in other cases, but include (in particular) a new requirement concerning schemes of development. 4 [163] 7 50/ /73.

2 The requiremenls provide for boih public and private streets and roads to be created by the subdivision and both public and private sewers drains and other services. Provision is also made for the creation of public open space. The developer is required to give particulars of any buildings works or facilities that are already laid out or constructed on the common property or that he proposes to lay out or construct on the common property himself. 8. As would be expected, the requirements imposed in the case of cluster redevelopment reflect the narrower scope of the proposals. 9. C/awje 10. A provision similar to this clause is to be found in the Local Government Act. This clause lays the foundation for the tying o f car park lots to particular residential lots by later provisions, as in the case of the Strata Titles Act. 11. This clause applies the Local Government Act procedure concerning sealing of plans to cluster plans with substantial modification. The procedure concerning council requirements for the construction of streets and roads and other services has been modified extensively so as to give a wide power to a municipal council to require the construction of buildings works and services on any part of the land to be subdivided or the payment of the cost or the giving o f suitable security to the municipal council. C/8yw.9C 12. This clause prevents registration of dealings with cluster lots before the relevant plans have been registered or approved by the Registrar o f Titles under the later provisions. 13. This clause prevents registration of dealings with restricted lots without the associated car park lots, and requires a warning notice to be included in a certificate o f title to a restricted lot. C/crmc 14. This clause provides for the breaking o f the tie between a restricted lot and its associated car park lot with the consent of the municipal council. 15. This prohibits dealing with accessory lots independently o f ordinary lots. 16. This clause prescribes the form of a certificate of title to a cluster lot. PART II. REGISTRATION OE PLANS OF CLUSTER SUBDIVISION. This Part treats registration of cluster plans and the consequences o f registration as being analogous to the registration of strata plans of subdivision. 17. This clause applies the Strata Titles Act provisions concerning registration and its consequences to cluster plans with substantial modification. 18. This clause provides for the vesting in the municipality of public.streets and roads and public open space. It also provides for other public services to be vested in the appropriate persons and bodies.

3 This clause enables the body corporate created upon a cluster subdivision to execute instruments dealing with the common property on behalt ot the owners of the lots in certain circumstances. It is intended only to simplify conveyancing practice. 20. This clause adopts the Transfer of Land Act scheme concerning easements shown on a plan of subdivision. C W j e 2 1. This clause provides for the preparation of a scheme of requirements and restrictions coi^eining building and development upon the subdivided land to accompany a plan of cluster subdivision, and for its enforcement. PART 111. APPROVAL OF PLANS OF CLUSTER REDEVELOPMENT. Clause 22.. This clause constitutes the whole Part and applies the Strata Titles Act provisions concerning redevelopment to cluster redevelopment with some modification. PART I V. STAGE DEVELOPMENT. It seems likely that, if the ordinary requirements concerning subdivision of land a i^, in parucular, those concerning the laying on o f services, were applied without modification to land to be subdivided in cluster form economic factors would prevent the subdivision of large tracts of land in si^h a way as to niakc the best use of natural features and generally create attractive schemes ol subdivision This part is therelore intended to enable services to be laid on to different parts of the land to be subdivided in stages, and lots to be released for sale in stages where the services have been laid on. C/awj-e 23. r The defined terms are drawn by reference to the present practice concerning the laying on of services for land to be subdivided ,,, This clause requires a developer proposing to develop the land to be ^bdiyided by stages W give particulars o f the stages to the municipal council when he first gives notice o f his intention to subdivide. C/awje 25..,, r. - This clause enables a municipal council to relate requirements concerning the laying on of sei vices to particular parts o f the land to be subdivided. C /a w je 26..,, u - This clause enables the Registrar of Titles to register the sealed plan of subdivision upon the laying on of services to any one stage, and controls dealings with the land while services are still to be laid on to other parts of the land. The clause provides for the making of minor adjustments to particulars concerning later sta.ges, anc the registration by the Registrar of substitute plans, as the subdivided land is developed progiessivey. PART V. GENERAL. Clause 27.,,, This clause applies most o f the general provisions of the Strata Titles Act to cluster plans and anc subdivided in cluster form.

4 4 C/owjg 28. This clause excludes the operation of certain detailed site requirement provisions of regulations and by-laws normally applying to the erection of buildings on subdivided land, and substitutes for them a general discretion in the municipal council to refuse a building permit for poor or cramped siting or unsuitable means of access. 29. This clause calls upon the Registrar o f Titles to ensure that section 9 o f the Sn/e q/" 1962 (which, as amended by clause 40, will prevent the sale of cluster lots before the Registrar registers or approves the relevant plan, or, in the case of stage development, a clearing statement is lodged concerning the council requirements affecting a stage) is observed. C/awjg 30. It seems likely that some large-scale development could take place under the Bill, particularly having regard to the scope allowed for stage development, and this could make the administration of the affairs of the body corporate extremely difficult. This clause therefore makes provision for the employment o f a managing agent to exercise some functions o f the body corporate or governing committee. C/aw.ye 31. This clause enables the body corporate or governing committee to demand security from a managing agent for the proper execution o f his duties. 32. This clause enables the making of rules and regulations in furtherance o f the scheme of the Bill. Since the Bill breaks new ground in many directions, and particularly in technical connections, the clause does not attempt any extensive enumeration of the subject-matters upon which rules or regulations might need to be made. C/nwje 33. This clause is intended to ensure that, once land is subdivided in cluster form, it is afterwards dealt with only within the scope of the Bill. Clause 34. This clause excludes the operation o f the normal subdivision provisions o f the Local Government Act as regards land subdivided in cluster form. PART V I. AMENDMENTS OF VARIOUS ACTS. 35. This clause excludes the operation of certain inappropriate requirements of the Health Act 1958 as regards land subdivided in cluster form. Clause 36. This clause excludes the operation o f the street construction scheme provisions o f the Local Government Act as regards land subdivided in cluster form. C/a;/6e 37. This clause excludes the operation of the ordinary footpath construction scheme provisions o f the Local Government Act as regards land subdivided in cluster form. Clause 38. This clause is intended to enable a municipal council to step in and put common property on a cluster estate in proper order at the expense of the body corporate, if the body corporate fails to do so itself after notice.

5 39. This clause is intended to enable a town planning scheme to lay down general requirements concerning the development ot cluster estates. Clause 40. This clause is intended to extend the provisions of the Sale o f Land Act that (а) prevent sale before registration of a plan ; and (б) enable the acquisition and extinguishment of easements to facilitate subdivision to cluster subdivision. The ordinary requirements have been extended to control the sale of lots bet ore the lodging of clearing statements in the case o f stage development of land subdivided in cluster form. Clause 41. This clause is intended to amend the Strata Titles Act to exclude the operation o f the normal subdivision provisions of the Local Government Act as regards dealings with common property on strata plans (compare clause 34), and to enable municipal councils to control dealings with any part of common property on a cluster or strata plan of subdivision. SCHEDULES. First, Second and Third Schedules. These Schedules follow the pattern of the corresponding Schedules in the Strata Titles Act. Fourth Schedule. This Schedule prescribes a form of certihcatc of a municipal council which a plan of cluster subdivision lodged with (he R egistrar is to have accom panying it. Fifth Schedule. The Schedule prescribes forms for applications for (he alteration of a scheme of development. Sixth Schedule., This Schedule prescribes a form of certificate of a m unicipal council which a plan of cluster redevelopment lodged with the Registrar is to have accom panying it.