Page 1994 - Week 07 - Thursday, 23 August 2007
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Industry groups believe that the change to the assessment of Crown leases could threaten the confidence of the community and investors in the Crown lease system.
“Financiers and valuers won’t be able to determine the value of a Crown lease with any real certainty as the lease will only be suggestive of what purpose might be approved by the Authority.” said Nick McDonald-Crowley, President, Australian Property Institute (ACT Division).
“We support the reform of the ACT planning system, and the changes within the Bill that will assist in simplifying the development process. Certainty is part of that process though, and is necessary to encourage sustained investment in the city.” said Elisabeth Judd, Executive Director HIA, ACT/Southern NSW.
“The uncertainty surrounding the valuation of Crown leases could also have a negative impact on the ACT Government’s revenue - not only at the sale of lease stage, but also with regard to the amount of rates and land taxes payable because these are linked to the lease values.” said Michael Wellsmore, Deputy President Real Estate Institute of the ACT.
“It is unclear whether the proposed changes will in fact make the implementation of the Act “simpler, faster and more effective” as suggested by the Authority. One thing is clear though, Canberrans will no longer have the certainty that the uses outlined in their Crown leases will be available to them in the future” said Greg Walker, President, ACT Law Society.
There are many good things contained within the proposed changes to Canberra’s planning regime, and there is much to praise the Government and ACTPLA about. “Use as a development”, sadly, is not one of them.”
Mr Speaker, I think that sums up some of the genuine concerns. They cannot be written off just as the whinges of property groups or just about self-interest. The ACT Law Society, in particular, add a lot of weight to that. They are only doing this because they genuinely believe that this is bad law. It is disappointing for many in the community, many in industry and many others who believe that, whilst there have been some real positives in this bill, this concept may well undermine a lot of the positive changes that will be made once this bill is passed.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (5.48): It will, of course, come as no surprise that most of the issues that Mr Seselja has listed in that letter have been raised extensively by those organisations over an extended period of time. To respond to some of them in more detail, particularly the issues around crown leases, I need to state categorically that leaseholders will continue to be able to exercise lease authorised uses and to change uses at will without having to make a development application—assuming, of course, that there is no significant building work involved.
The criticism of the “group of nine” assumes that a lease operates as a blank cheque to authorise any use consistent with the lease. This is not the case. A crown lease is subject to other laws, such as the need to comply with the Environment Protection and Biodiversity Conservation Act. Also, if the proposed use or change of use involves
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