Page 5471 - Week 17 - Tuesday, 3 December 1991
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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING
LEGISLATIVE ASSEMBLY QUESTION
QUESTION No. 631
Commercial Leases - Floor Area Restrictions
Mr Jensen asked the Minister for the Environment, Land & Planning -
(1) How many commercial or business leases in the ACT have no
restrictions on the gross floor area that can be constructed on
the leased site.
(2) Of these leases, how many could, by application of the proposed
Commercial Predominant Land Use Zone in the Draft Territory
Plan, be capable of the construction of additional gross floor
area above that currently on site.
(3) Would betterment charges apply to these leases under current
arrangements or those proposed by the Land (Planning and
Environment) Bill.
Mr Wood - the answer to the members question is as follows:
(1) All commercial leases in the ACT are restricted as to the gross floor area that can be constructed on the site. The restriction can be specifically mentioned within the lease, or can be determined de facto by the ACT Planning Authority in terms of relevant policies which would apply, the main one being the Design and Siting policies to which all buildings in the ACT are subject.
(2) It is not possible to identify how many commercial leases without explicit gross floor area restrictions could be capable of construction of additional gross floor area under the provisions of the draft Territory Plan, as this would require a detailed planning assessment of every affected site. Nevertheless, it can be said that the number would not be significantly different to that which would be possible under existing planning policies, and is likely to be less. The draft Territory Plan does not introduce significant changes to commercial area policies, but merely restates these in a more consistent manner which responds to the requirements of the proposed legislation. However, because of the introduction of public notification and third party appeal provisions in the Bill, the draft Plan has been more specific in most cases about what may be permitted in different locations and where public notification would be required.
(3) It is intended that the provisions of the City Area Leases. (Betterment Charge Assessment) Regulations will be incorporated into a regulation under the Land (Planning and Environment) Bill. Therefore; the current arrangements for assessing betterment charges for variations to leases to increase Gross Floor Area would not be affected by the Bill.
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