The amendment to section 89 requires that Council, within 20 business days after a final plan is lodged for sealing under section 88 (1) is to determine whether the final plan complies with Part 3 of the Act or determine that the final plan does not comply with Part 3.
The amendment to section 88 of the Act requires that along with the final plan and schedule of easements under section 88 (1) (ca) evidence, satisfactory to the council, of the completion of each of the relevant works that are required to be carried out in relation to the proposed subdivision; and under section 88 (1) (cb) evidence, satisfactory to the council, that each of the conditions on a permit, within the meaning of the Land Use Planning and Approvals Act 1993, that must be complied with before the final plan in relation to the proposed subdivision may be sealed, have been complied with is to be lodged at the Council.
It also introduces the ability for the Council to request further information or documents in relation to the final plan within a 10 business day period and a 'stop clock' mechanism in relation to the further information request. Once the further information has been provided to the Council. The Council then has 8 business days to decide that the information is satisfactory or notify the applicant that the information is not satisfactory and send a further information request.
Applications for the sealing of a final plan will need to be lodged through the City of Hobart's Development Portal as a Strata and Final Plan Submission. Final plans and schedules of easements should be lodged as a Final Plan Submission.
The application will need to be accompanied by a covering letter that details the evidence of the completion of each of the relevant works that are required to be carried out in relation to the proposed subdivision and include any relevant certificates or supporting information to satisfy section 88 (1) (ca). It must also detail the evidence that the planning permit conditions that must be met prior to the sealing of the final plan have been complied with and include any supporting information to satisfy condition 88 (1) (cb).
Hardcopy final plans and schedules of easements will still need to be lodged separately at the Council as hardcopy plans are required for certification by the Council and the subsequent lodgement at the Land Titles Office.
The application will not become valid until the original final plan and schedule of easements has been received by the Council and the final plan sealing fee has been paid.