Page 6113 - Week 14 - Thursday, 8 December 2011
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(3) A concessional lease cannot include residential purposes. The Act defines a residential lease as a market value lease. Therefore, the Crown lease over the site must first be deconcessionalised if the lessee intends to apply to vary the lease to include residential use.
(4) Once the lease has been deconcessionalised, there will be no restrictions on the sale or transfer of the lease.
(5) A lease variation charge calculated under s277 of the Act will be applicable to any DA to vary the lease to include additional uses.
(6) The lessee will have to lodge a DA to permit residential use.
(a) See (5) above.
(b) The lease variation charge will be assessed under s277 of the Act because the application will seek to add a use.
(c) Under s277, lease variation charge is assessed under a formula based on the before and after values of the land.
(d) The lease variation charge determined under s277 will not be discounted.
(e) The lease variation charge cannot be assessed until after the development application is approved. Payment must be made before the lease variation can be registered at the Land Titles Office.
(f) In order to apply for unit title under the Unit Titles Act 2001 the lease must specify the number of dwellings. Therefore, it can be assumed that the application for lease variation will also include the number of proposed dwellings.
(g) A lease for residential purposes is not limited by gross floor area.
(h) A development application must be publicly notified in accordance with the Act. Pre DA community consultation for a lease variation only is a matter for the lessee.
(i) Design and siting plans for construction of a development on the lease are not required in support of a development application for a lease variation. However, sufficient information will be required to support the proposed level of development. As noted above in (1) above, the lease variation and design and siting components of the development proposal can be submitted together in a single application. This is a matter for the lessee.
(j) Pre-application community consultation will be required for the design and siting component of the development proposal once new Section 20A of the Planning and Development Act 2007 has commenced. Consultation will be required if the design and siting DA is submitted as a separate DA or as a combined DA including a lease variation.
(7) The lessee will be required to submit a development application for construction of the proposed development on the site.
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