§ 3 — Meaning of “chargeable consent”

3.—(1) In this Act, a reference to “chargeable consent” in relation to any land is a reference to —(a)

the grant, on or after the appointed day, of a planning permission or conservation permission in relation to the land, as a result of which a person is entitled to carry out a development of the land;

(b)

a varying by the Authority, on or after the appointed day, of any of the following restrictive covenants in a State title or a concessional State title relating to the land:(i)

a development control restrictive covenant, as a result of which a person is entitled to carry out a development of the land without any subdivision of the land that is the subject of the development control restrictive covenant;

(ii)

a subdivision control restrictive covenant, as a result of which a person is entitled to carry out a subdivision of the land (with or without any development of the land) that is the subject of the subdivision control restrictive covenant;

(iii)

a controlled activity restrictive covenant, as a result of which a person is entitled to carry on or not carry on, or to stop carrying on, a controlled activity that is the subject of the controlled activity restrictive covenant; or

(c)

the accepting of a lodgment, on or after the appointed day, of any plans for a development of the land deemed authorised without express written permission.

(2) A chargeable consent by way of varying a restrictive covenant in a State title relating to land must not be regarded as given until —(a)

the date of the deed of release, or the date a contract or an agreement, for varying the restrictive covenant is entered into between the Authority and the owner of the land, whichever date is earlier;

(b)

where the deed of release, or the contract or agreement, for varying the restrictive covenant is undated, the date on which the deed, contract or agreement is executed by the Authority, whichever date is earliest; or

(c)

where the deed of release, or the contract or agreement, for varying the restrictive covenant is subject to any condition precedent for the variation to take effect, the date when all those conditions are satisfied.

(3) However, where a person is not entitled to carry out a development of any land except as a result of more than one of the following events:(a)

a varying of a restrictive covenant in a State title relating to the land and the restrictive covenant is not any of those mentioned in subsection (4)(a);

(b)

the grant of a planning permission or conservation permission in relation to the land;

(c)

the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission,

then despite subsections (1) and (2), a chargeable consent must be regarded as given in relation to the development of the land upon the happening of the earliest of those events, and all other subsequent chargeable consents must be disregarded for the purposes of this Act.

(4) Where a person is not entitled to carry out a development of any land except as a result of more than one of the following events:(a)

a varying of any of the following restrictive covenants in a State title relating to the land:(i)

a special condition in a directly allotted State title relating to the land;

(ii)

a restrictive covenant in a concessional State title relating to the land;

(iii)

a controlled activity restrictive covenant in a State title relating to the land;

(iv)

a subdivision control restrictive covenant in a State title relating to the land;

(b)

the grant of a planning permission or conservation permission in relation to the land;

(c)

the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission,

then despite subsections (1) and (2), only the varying of a restrictive covenant mentioned in paragraph (a) is regarded as the giving of chargeable consent in relation to the development of the land, and the happening of events in paragraphs (b) and (c) must be disregarded for the purposes of this Act.

—(1) In this Act, a reference to “chargeable consent” in relation to any land is a reference to —(a)

the grant, on or after the appointed day, of a planning permission or conservation permission in relation to the land, as a result of which a person is entitled to carry out a development of the land;

(b)

a varying by the Authority, on or after the appointed day, of any of the following restrictive covenants in a State title or a concessional State title relating to the land:(i)

a development control restrictive covenant, as a result of which a person is entitled to carry out a development of the land without any subdivision of the land that is the subject of the development control restrictive covenant;

(ii)

a subdivision control restrictive covenant, as a result of which a person is entitled to carry out a subdivision of the land (with or without any development of the land) that is the subject of the subdivision control restrictive covenant;

(iii)

a controlled activity restrictive covenant, as a result of which a person is entitled to carry on or not carry on, or to stop carrying on, a controlled activity that is the subject of the controlled activity restrictive covenant; or

(c)

the accepting of a lodgment, on or after the appointed day, of any plans for a development of the land deemed authorised without express written permission.

(2) A chargeable consent by way of varying a restrictive covenant in a State title relating to land must not be regarded as given until —(a)

the date of the deed of release, or the date a contract or an agreement, for varying the restrictive covenant is entered into between the Authority and the owner of the land, whichever date is earlier;

(b)

where the deed of release, or the contract or agreement, for varying the restrictive covenant is undated, the date on which the deed, contract or agreement is executed by the Authority, whichever date is earliest; or

(c)

where the deed of release, or the contract or agreement, for varying the restrictive covenant is subject to any condition precedent for the variation to take effect, the date when all those conditions are satisfied.

(3) However, where a person is not entitled to carry out a development of any land except as a result of more than one of the following events:(a)

a varying of a restrictive covenant in a State title relating to the land and the restrictive covenant is not any of those mentioned in subsection (4)(a);

(b)

the grant of a planning permission or conservation permission in relation to the land;

(c)

the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission,

then despite subsections (1) and (2), a chargeable consent must be regarded as given in relation to the development of the land upon the happening of the earliest of those events, and all other subsequent chargeable consents must be disregarded for the purposes of this Act.

(4) Where a person is not entitled to carry out a development of any land except as a result of more than one of the following events:(a)

a varying of any of the following restrictive covenants in a State title relating to the land:(i)

a special condition in a directly allotted State title relating to the land;

(ii)

a restrictive covenant in a concessional State title relating to the land;

(iii)

a controlled activity restrictive covenant in a State title relating to the land;

(iv)

a subdivision control restrictive covenant in a State title relating to the land;

(b)

the grant of a planning permission or conservation permission in relation to the land;

(c)

the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission,

then despite subsections (1) and (2), only the varying of a restrictive covenant mentioned in paragraph (a) is regarded as the giving of chargeable consent in relation to the development of the land, and the happening of events in paragraphs (b) and (c) must be disregarded for the purposes of this Act.