TOPIC 12 SUBDIVISION AND COMMUNITY TITLE FEEDBACK TO ONLINE ACTIVITIES ACTIVITY 12.1 SUBDIVISION Larry Richardson is an ex-estate agent turned developer in Brisbane. He feels he can make a quid from the skyrocketing Brisbane property market by buying up 800 and 1200 sq metre blocks of land, close to the CBD and turning them into small unit complexes with about 8-10 units in the complex. In his company name - Larry Constructions Pty Ltd - of which he is the sole director and shareholder, he purchases the freehold to a 1200 sq metre block with an old house on it in Chermside. His plan is to demolish the existing house, sub-divide the land and construct 'Hospital Quays' - a 10 unit complex. As part of the complex, he wants there to be a car parking area beneath the building, a communal driveway to enter and leave, and a swimming pool on top of the complex. Larry comes to you for advice. Answer the following questions. a) Broadly speaking, what kinds of approvals would Larry need to construct Hospital Quays? b) What type of 'format plan' would Larry need for his project? FEEDBACK a) Larry would likely need approval from the Brisbane City Council to demolish the existing structure and to subdivide the block. If the place was Heritage-Listed it may be protected and permission may be required from the State Government as well. Some places in Brisbane are part of what is known as a 'demolition control precinct' meaning any knockdowns will need to be rebuilt in the traditional streetscape/façade (mainly the older areas). He may also have to search the register of contaminated land in Queensland. Larry's plans for construction of the apartments (10 separate lots) would also need planning approval. The Planning Act 2016 (Qld) sets out the types of development that are permissible in Queensland whilst the Brisbane City Plan provides the detail on what forms of development are permissible in each local government area. For example, for greater Brisbane, the issue will be whether he is allowed to build apartments in this part of Chermside. Each local government area has its own planning scheme. For example the Gold Coast will be different from Brisbane and so forth. In some situations approval from the Federal Government may be required if there will be an impact on nationally threatened species (like the koala and many other species of plants and birdlife) and world heritage areas (for example development in the Great Barrier Reef). You do not about planning law but these examples give you the broader context in which Larry's approval will be considered. b) Larry would need to complete a plan of subdivision. Specifically, he would need to register with the Land Title Registry a "volumetric format" plan which essentially defines the new land using 3
2 dimensionally located points to identify the position, shape and dimensions of each bounding surface (Land Title Act 1994 (Qld) s 48D). A volumetric format plan is often used to create