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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3104 ..

On the same day (16 February 1977) the Commonwealth executed a tenancy agreement in favour of the former owner's tenants, for a term of six months and thereafter fortnightly. The purpose clause of the tenancy agreement was "Retail Sale and Wholesale Distribution of Liquor". The tenancy agreement remained current until the grant of the current 99-year lease on 5 June 1981.

(2) Yes

(3) Yes. Section 184 of the Land (Planning and Environment) Act 1991 (Land Act) states that the Executive shall not execute a variation of a nominal rent lease unless the lessee has paid the Territory any change of use charge determined by the ACT Land and Planning Authority (ACTPLA).

(4) When purchasing an existing lease it is the responsibility of the purchasers to ensure that the current uses of the lease are in accordance with the Lease Purpose Clause and if additional use rights are to be sought that those additional rights are permitted uses by the Land Use planning policies in the Territory Plan.

(5) The Planning and Land Management Group (PALM) prepared a draft Variation to the Territory Plan (DVP), to address a number of issues of Oaks Estate's current planning. The DVP was released for public comment in October 2002 (DVP 207). In part, the draft Variation proposed the introduction of a Residential Area Specific Policy for those blocks included within the area already developed for mixed uses (i.e. Blocks 4, 5, 6, 9-14 of Section 7 and Section 10) and makes provision for existing commercial and light industrial uses. The proposed Variation drew extensively from previous studies including the Planning and Land Group planning study of May 2001, the Oaks Estate Planning Review: Community Consultation Final Report (Guppy and Stewart 1994) and the Oaks Estate: No Mans Land (Williams 1997). The need for a Variation to the Territory Plan arose from the Planning Study.

Variation 207 took effect on 1 July 2003. In respect of the area, that includes Block 4 Section 10 (Vintage Cellars) the variation introduces a 'A9' Residential Mixed Use Overlay to Section 7 Blocks 4-6, 9-14 and Section 10 Oaks Estate. The objective is to provide for a range of community, commercial and light industrial uses in conjunction with residential use. The Land Use Restrictions provide that shops shall only be permitted on Blocks 4 and 14 Section 7 and Block 4 Section 10.

The lessees of Block 4 Section 10 may now apply for a variation to the lease purpose to include use as a shop. This would enable the owners to sell food products inclusive of the sale of liquor products, currently permitted in the lease.

Liquor store lease provisions

(Question No 786)

Mrs Dunne asked the Minister for Planning, upon notice:

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