Page 5643 - Week 17 - Thursday, 5 December 1991
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issue and problem. In fact, it was suggested to me that this might be a bit too hard to do at this time. I think it is important, in the debate today, to put the issues on the table so that people will know what we are talking about and so that we do not have a situation later where people say, "Well, why didn't you do something about it when you knew that there was a potential problem?".
The problem is that out there in the ACT at the moment are a number of leases that just have upon them the term "residential purposes". Nothing else; no more, no less. It just says "lease for residential purposes". The plan provides that residential purposes in a residential planning land use zone can cover a number of things, ranging from single residential right through to a three-storey house. What we are talking about here is the potential for someone to take a lease that just says "residential" - nothing else; no more, no less - and then divide it up into three or four blocks. They can build a three-storey house in accordance with the provisions of the plan. It is not inconsistent with the plan. It is not a problem.
We are losing here, it would seem. We are now finding that that land has more than a single residential house on it. It can go to three or four. In the case of large blocks, as we have seen from the way that the Housing Trust have divided their blocks, it can go to six. This is increasing quite considerably the value of the land without any need to change the lease. This is the problem we have. That is the reason why we have moved to add to this clause the words "being a lease that does not permit a change in the purpose for which the land is used or an increase in the subdivision or development rights".
What we are trying to do here is this: If someone wants to change the development rights, to increase the value of the land by complying with the residential or planning land use zone conditions, which, as I said, allow you to go from single to three-storeys, provided they meet all design and siting criteria, a further residential lease can be granted, to commence on the date of the lease; but in this case it will be a lease that does not permit a change in the purpose for which the land is used or an increase in the subdivision or development rights.
So, if there is any increase in redevelopment rights, it is not just a simple matter of letting them build; they have to seek a surrender and the regrant provisions, we believe, would enable the appropriate betterment charges to be levied, because of the increase in value being granted, and returned to the people and the Treasury of the ACT. That is why we have brought this forward. I am not sure that it is perfect, but people can at least see what we are trying to do.
Mr Wood: It sure is not.
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