1. What is a Strata Schemes Development Proceeding?

The list below shows the different types of cases, or proceedings, that can be started in Classes 2 and 3 of the Land and Environment Court under the Strata Schemes Development Act 2015 (NSW).


What kinds of proceedings can be commenced?​

​Proceedings in Class 2

TYPE OF PROCEEDING

LEGISLATION
Appeals following an application for a strata certificate (s66 Appeal)

s 66 Appeal
Appeals under Part 4, Division 5, s 66 of the Strata Schemes Development Act 2015, against a decision of a local council including:

  • The refusal of an application for a strata certificate;
  • The decision to impose a restrictive use condition on the approval of a strata certificate.
Refusals of amendments to strata development contracts (s 85 Appeal)

s 85 Appeal

Appeals under Part 5, Division 4, s 85 of the Strata Schemes Development Act 2015 against the refusal by a planning authority of an amendment of a strata development contract.

Amendment of a strata development contract not supported by resolution of the owners corporation (s 86 Proceeding)

 

s 86 Proceeding

Proceedings brought under Part 5, Division 4, s 86 of the Strata Schemes Development Act 2015  for approval of an amendment of a strata development contract that is not supported by a resolution of an owners corporation in accordance with s 84 of the Act.

Extension or conclusion of a development scheme (s 92 Proceeding)

s 92 Proceeding

Proceedings brought by a person bound by a strata development contract requesting orders of the Court under Part 5, Division 5, s 92 of the Strata Schemes Development Act 2015, to extend a development scheme to a later date or to fix a specific date or time for the conclusion of a development scheme.


Proceedings in Class 3

TYPE OF PROCEEDINGLEGISLATION
Application for an order giving effect to a strata renewal plan for collective sale or redevelopment (s 179 Proceeding)

s 179 Proceeding

An Applicant may request that the Court make certain orders under Part 10, Division 6, s 179 of the Strata Schemes Development Act 2015.

These Court orders can give effect to a strata renewal plan for the collective sale or redevelopment of a strata scheme.

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Definitions

(see section 4 of the Strata Schemes Development Act 2015 (NSW) for the full definitions)

strata certificate means a certificate that authorises the registration of a strata plan, strata plan of subdivision or notice of conversion – see section 4​

restrictive use condition is a restriction on the use of a utility lot that is noted on the strata certificate — see section 63​​​​​

strata development contract means a strata development contract registered under Part 5

development scheme means the scheme of development provided for, and represented by, a strata development contract​​