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Legislative Assembly for the ACT: 1996 Week 7 Hansard (20 June) . . Page.. 2014 ..

(7) Can the Minister give an assurance -

(a) that this type of speculative lease variation application be refused;

(b) that all open ended extensions of applications to vary leases be revoked;

(c) that the Minister's agreement to extend the statutory period for consideration of applications for lease variations only be given for good reasons and in any case not extend beyond six months from the original application.

(8) Will you also give an assurance that he will not further erode the town centre development strategy of the ACT and undermine the development of the Gungahlin town centre in particular, by approving lease variations that will provide more offices in Dickson.

Mr Humphries - the answer to the member's question is as follows:

(1) Yes, an application to vary the lease over Block 1 Section 1 Dickson is currently being considered by the Department of Urban Services and the ACT Planning Authority.

(2) The application was lodged on 9 September 1993 and amended on 3 October 1995.

(3) Due to a need to seek further information and clarify application of the then new Territory Plan, the delegated officer approved an extension of the prescribed time under section 233 of the Land (Planning and Environment) Act 1991 and Regulation 22(7) of the Land (Planning and Environment) Regulations.

(4) Yes. The implementation of the Territory Plan, the need for detailed information to enable assessment against the Plan and the need to determine if a mandatory Preliminary Assessment would be required are the reasons for these extensions. These are legitimate steps in the process for my delegate to consider where further information is necessary. On the evidence available, I do not believe there is a reason to revoke the extensions of time.

(5) The needs of the Territory as well as the lessee have been considered in granting the extensions. I am not aware of any breach of the current lease conditions and therefore the need for the issue of an Order does not arise. Nevertheless, should there be a breach my Department or any citizen may apply to the Registrar of the Land and Planning Appeals Board for an Order at any time and irrespective of the status of a development application.

(6) No. Betterment would be assessed at the time the variation is approved, if approved. There have been no commitments given to the lessee that betterment would be assessed under policies applying in 1993 and no remission applied. The amount payable would be determined in accordance with current policies and legislation, not policies at the time of lodgement.

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