Page 4565 - Week 15 - Thursday, 22 November 1990
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APPENDIX 3 : (Incorporated in Hansard on 22 tiaventxax 1990 at page 4499)
CHIEF MINISTER FOR THE AUSTRALIAN CAPITAL TERRITORY
QUESTION WITHOUT NOTICE
21 NOVEMBER 1990
MR MOORE: MY QUESTION IS TO THE CHIEF MINISTER, MR KAINE AND I REFER TO BLOCK 3 SECTION 52 IN CIVIC. IN RESPONSE TO QUESTIONS FIRST FROM ME ON 20 FEBRUARY THIS YEAR AND THEN FROM DR CHINCH ON 21 FEBRUARY, YOU STATED - I UNDERSTAND THE LEVEE HAD APPROACHED THE OFFICE OF INDUSTRY AND DEVELOPMENT AND THE ITPA SEEKING A VARIATION OF THE LEASE TO PROVIDE FOR A READJUSTMENT OF THE GROSS FLOOR AREA WHICH WOULD ALLOW UP TO 8,000 SQUARE METRES OF OFFICE AND RETAIL. AT THAT TIME YOU ALSO STATED THAT YOU WOULD CONSIDER A REPORT BEING PREPARED BY THE OID AND I QUOTE - I WILL ADVISE THE ASSEMBLY, THE LEVEE AND THE PUBLIC ACCORDINGLY WHEN YOU GOT IT. WHY HAS THE ASSEMBLY AND THE PUBLIC NOT BEEN ADVISED AND WHY HAS AN ADVERTISEMENT IN THE SYDNEY MORNING HERALD ON 23 OCTOBER ADVERTISED WELL OVER 9,000 SQUARE METRES OF OFFICE AND RETAIL SPACE FOR SECTION 52.
SUPPLEMENTARY: CONSIDERING IT HAS BEEN OVER TWO YEARS SINCE THE LEASE HAS BEEN SOLD AND THAT THE LEASE CONDITIONS CLEARLY HAVENT BEEN MET SINCE THE DEVELOPMENT - IS THERE ANY REASON WHY THAT LEASE HAS NOT BEEN DETERMINED AS HAS HAPPENED IN OTHER CASES eg. THE ONE MR JENSEN REFERS TO IN THE PAPER THE OTHER DAY.
MY ANSWER IS:
AS MR MOORE WILL BE AWARE THE HISTORY OF THIS SITE HAS BEEN COMPLEX. THE ORIGINAL LEASE HAD TO BE SURRENDERED TO ALLOW FOR THE PROTECTION OF A STAND OF CASUARINA TREES, AND A NEW LEASE ISSUED. THE LESSEES FAILED TO DEVELOP THE PROPOSED HOTEL SITE BEFOG THE MORTGAGEES EXERCISED TITER POWERS AND ENTERED INTO POSSESSION ON 13 FEBRUARY THIS YEAR.
THE MORTGAGEE, ACC (ADVANCES) LIMITED HAS SINCE TRIED TO NEGOTIATE A VARIATION TO THE LEASE TO ALLOW FOR MORE OFFICE SPACE, BUT THIS WAS REJECTED BY THE GOVERNMENT.
THE CURRENT LEASE DOCUMENT PROVIDES THAT THE SITE CAN ONLY BE USED FOR THE PURPOSES OF A HOTEL AND/OR SERVICED APARTMENTS COMPRISING A MINIMUM OF 200 ROOMS, AND ANCILLARY THERETO RETAIL FACILITIES, RESTAURANTS, CAFES, PERSONAL SERVICES, OFFICES, PROFESSIONAL SUITES, INDOOR RECREATION AND ENTERTAINMENT FACILITIES.
THE LEASE ALSO PROVIDES FOR CERTAIN RESTRICTIONS ON THE GROSS
FLOOR AREA WHICH MAY BE DEVOTED TO THE ABOVE-MENTIONED USES,
NAMELY THAT NO MORE THAN 4,750 SQUARE METRES, NO LESS THAN 2,900
SQUARE METRES, MAY BE USED FOR RESTAURANTS, BARS, CAFES AND SHOPS
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