Commentary on Sections Part 9: Powers of the Lands Tribunal Section 99: Granting applications as respects development management schemes
397.This section makes similar provisions to those made in section 97 and 98 for applications to preserve Development Management Schemes. Such applications under section 90(1)(d) or (e) result from a proposal by an owners’ association to disapply the Scheme under section 74(1) or a proposal to register a conveyance under section 107 in circumstances where land is being acquired by agreement that could have been acquired compulsorily.
398.Subsection (1) directs unopposed applications to be granted as of right. Expenses may be awarded against an owners’ association which does not make representations (subsection (3)). Subsection (4)contains the tests for granting the applications if they are opposed.