Page 2548 - Week 06 - Thursday, 23 June 2011
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(b) if a development application relates to the chargeable variation of only 1 residential lease—a variation to limit the number of dwellings permitted on the land under the lease;
Example
A lease permits land to be used for residential purposes but does not state any limit on the number of permitted residences on the land. The lessee proposes to subdivide the land under the Unit Titles Act 2001. That Act, s 20 (2A) does not allow the lease to be subdivided unless the lease provides for the number of dwellings on the land. The lessee must vary the lease to limit the number of dwellings permitted on the land before subdividing the land.
(c) if a development application relates to the chargeable variation of only 1 non-residential lease—a chargeable variation of the lease that—
(i) increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the lease; or
(ii) increases or limits the number of dwellings permitted on the land under the lease;
(d) the consolidation of 2 or more nominal rent leases;
(e) the subdivision of 1 or more nominal rent leases;
(f) if 2 or more nominal rent leases are consolidated—a variation that—
(i) increases the number of dwellings permitted on the land under the consolidated lease; or
(ii) increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the consolidated lease;
(g) if 1 or more nominal rent leases are subdivided—a variation that—
(i) increases the number of dwellings permitted on the land under the subdivided lease; or
(ii) increases, or has the effect of increasing, the maximum gross floor area of any building or structure permitted for non-residential use on the land under the subdivided lease;
(h) a chargeable variation prescribed by regulation.
Note If a chargeable variation is not a s 276D chargeable variation the lease variation charge is worked out under s 277 (see s 276B).
s 277 chargeable variation means—
(a) a chargeable variation that is not a s 276D chargeable variation; or
(b) a s 276D chargeable variation if no lease variation charge is determined in an LVC determination for the variation.
(2) In this section:
consolidated lease means a lease granted during a consolidation involving the surrender of 1 or more nominal rent leases.
non-residential lease means a lease other than a residential lease under section 234.
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