Page 6112 - Week 14 - Thursday, 8 December 2011
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(5) If Draft Territory Plan Variation 307 is approved and the site is rezoned, will the owners have to pay any money to the Government for the additional development rights.
(6) If Draft Territory Plan Variation 307 is approved and the site is rezoned, will the owners have to lodge a development application for a lease variation to enable residential construction on the site and (a) will there be any payment associated with this development application, (b) will this payment be based on the number of dwellings, (c) will it be based on before and after values of the site, (d) will there be any discounting of the payment, (e) will the payment have to be made at the same time as the development application, (f) will the lease variation have to specify exactly the number of dwellings on the site, (g) will the lease variation have to specify the gross floor area, (h) what public consultation will there be about this and (i) will plans for the proposed buildings need to be provided as part of the lease variation charge development application.
(7) After Draft Territory Plan Variation 307 is approved and the site is rezoned and the development application for a lease variation is approved will the owners have to submit a development application for the actual buildings; if so, (a) what public consultation will there be for this and (b) what payment will the owners need to make to the Government.
Mr Barr: The answer to the member’s question is as follows:
(1) DV 307 has interim effect until August 2012. If the Territory Plan Variation is supported by the Assembly then the lessee will be required to submit a development application to vary the purpose clause of the lease and an application for the design and siting of the buildings on the site. These can be submitted as a single application. The lessee will be required to pay the standard application fees and public notification fees in accordance with the Environment and Sustainable Development Directorate (ESDD) approved fees and charges. A lease variation charge assessed under s277 of the Planning and Development Act 2007 (Act) will also be applicable.
The legislative time fame for a development application (DA) is 30 working days if there are no representations and 45 working days if representations are received. To date, no application has been received. It is, therefore, not possible to provide a concise timeline for such an application.
(2) A DA to deconcessionalise the lease was submitted on 12 September 2011. The DA was publically notified between 19 September – 12 October 2011. One representation was received. As required by s261 of the Act, the DA has not yet been referred to the Minister for a decision on whether it is in the public interest to consider the application. It is therefore not possible to advise the likely timeframe for determination.
ESDD has determined that the lease is concessional. However, during this assessment, it was established that only part of the lease is concessional. Therefore, if the application to deconcessionalise the lease is approved, the Territory will receive a percentage of the market value of the land relevant to that portion of the land which is concessional.
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