Section 6356, Hundred of Bagot Development Application

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1 . INTRODUCTION Section 6356, Hundred of Bagot Development Application Section 6356 is located in Mighall Place, Holtze. The property is owned by a local company, Mighall Investments Pty Ltd. The property is zoned LI (Light Industry) under the NT Panning Scheme (NTPS) and the Development Assessment Services (DAS) branch of the Department of Lands, Planning and the Environment (DLPE) has confirmed that the proposal to develop 3 light industrial sheds on the property complies with the NTPS. The owners propose to unit title the industrial sheds in accordance with the provisions of the Unit Title Schemes Act and consequently approval for the titling is required under the Planning Act. This application is seeking the approval of the DCA to subdivide Section 6356 for the purpose of creating 3 unit titles and Common Property. MATTERS TO BE ADDRESSED 46(3)(a) Compliance with the NT Planning Scheme Clause deals with Subdivision for the Purposes of a Unit Title Scheme. Clause The purpose of this clause is to ensure that: a) The new ownership arrangements resulting from a subdivision to create a unit title scheme allow each element of the development to continue to be available to the occupants of the development and where appropriate to visitors; b) Older developments are upgraded; and c) Development will not have a detrimental environmental effect on the land or result in a loss of amenity within the locality Attached plan, 15/9637/1 shows the proposed unit titling arrangements. These indicate that the units, parking and the adjacent yards are to be included in the respective unit titles and that the entrance driveway and front garden are to be designated as Common Property. Clause Subject to sub-clauses 3,4,5 (a) all car parking provided as a requirement of a development must be available at all times for the use of the occupants of the development and their visitors or clients and be included: i. in common property; or ii. as part of the area under the title for the individual units; Parking spaces will form part of the unit titles. (b) any loading bays provided for: i. common use must be in common property; and ii. the sole use of an individual unit must be in the entitlement of that unit; The loading bays for each unit are to be included on the title for the unit. (c) any areas set aside for the communal storage and collection of garbage and solid waste must be included in common property; There are no areas for the communal storage and collection of garbage and solid waste.

2 (d) any private open space associated with a dwelling must be included in the unit entitlement of that dwelling ; The open space areas will be included in the unit entitlement of the adjacent industrial unit. (e) any communal facilities and amenities or open space provided for hostels, multiple dwellings and supporting accommodation must be included in common property. The driveway and front garden area are to be included in the Common Property. Clause 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 with Part 4 of the planning scheme 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. This clause does not apply as the unit development plans have recently been checked by DAS prior to construction. 46(3)(b) Compliance with an Interim Development Control Order The Applicant is not aware of any Interim Development Control Orders applying to the subject land. 46(3)(c) Public Environmental Report or Environment Impact Statement There is no requirement for a report or statement under the Environmental Assessment Act. 46(3)(d) Merits of the proposed development The proposal to develop the 3 industrial sheds has been designed specifically for unit titling. When DAS confirmed that the development complied with the NTPS there was an expectation that individual titles would issue for the separate units. Consequently the current application is simply formalising the proposed titling arrangements in order to comply with the relevant legislation. 46(3)(e) The physical characteristics of the land The physical characteristics of the land were considered by the authorities prior to the creation of Section 6356 and prior to the confirmation that the industrial development complied with the NTPS. 46(3)(f) Public facilities or open space The unit titling does not change the use of the land and consequently there is no increased demand for public facilities or open space. 46(3)(g) Public utilities and infrastructure Prior to the issue of the title to Section 6356 and the adjacent allotments, the service authorities and the DCA confirmed that the land was appropriately serviced. The subsequent development has utilised the existing service and infrastructure arrangements. The proposed titling does not necessitate any changes to the existing services or infrastructure. 46(3)(h) Potential impact on the existing and future amenity of the area The act of creating the proposed unit boundaries will have no negative impact on the existing or future amenity of the area. 46(3)(l) Compliance with building regulations Attached to this application is a report from a building certifier confirming that the proposed unit titling arrangements will not result in a situation where the buildings cease to comply with the relevant building regulations.

3 46(3)(l) Confirmation of the existing building s structural integrity Prior to the issue of titles a Permit to Occupy will be issued by a registered building certifier. CONCLUSION It is expected that any DCA approval for the proposed unit tiling will be conditional upon the approval of the final Scheme Statement by the DCA. Following the approval of the titling proposal the Scheme Statement will be prepared, presented to the Registrar General for approval in principle and then provided to the DCA for endorsement. No Exclusive Use By-Laws will apply to this development. The introduction of a unit title scheme on Section 6356 will not change anything in relation to the use of the property.

4 HEINER STRUCTURAL ENGINEERING CONSULTANTS P/L 6 / 8 Andrews Street, Berrimah, NT 0828 Ph Fax Our Ref: E /08/2015 To whom it may concern, RE: Statement from a Building Certifier Re: Section 46(3)(k) of the Planning Act for Proposed Unit Title Strata Titling only of 3 Warehouses at Lot 6356 (20) Mighall Place, Holtze, Hundred of Bagot. In accordance with Section 46(3)(k) of the Planning Act and Drawing No. WD.11 issued by Steven Bell Design + Project Management attached, we can confirm the proposal is suitable for Strata Titling and will not affect the compliance with the NT Building Act or Building Code of Australia. Yours faithfully, Annette Joseland Heiner Structural Engineering Consultants Pty Ltd Registration Number: 52229BU Documents enclosed: Steven Bell Design + Project Management page WD.11 1

5 FHR = Fire Hose Reel Complying with AS2441 FH Existing Street Hydrant to provide coverage to Units 5A & 5B in accordance with AS Unit 5C not required to have hydrant coverage as floor area < 500m2 FHR FHR FH Building Approval Heiner Structural Engineering Consultants This document forms part of Building Permit Number: 055/6356/002 Date: 21/05/2015 Ref: E Signed: Annette Joseland BU

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8 . Ref: August 2015 Development Assessment Services GPO Box 1680 Darwin NT 0801 Dear Sir, Re: Section 6356, Hundred of Bagot A Development Application is to be lodged seeking approval to subdivide the above property for the purpose of unit titling in accordance with the provisions of the Unit Title Schemes Act. Prior to the issue of titles a Permit to Occupy will be issued by a registered building certifier. Regards, Kevin Dodd