Page 3807 - Week 10 - Thursday, 14 September 2017
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(d) The wording of these leases is generally for ‘residential purposes’.
(2) (a) Post 2000 residential Crown leases generally specify the number of dwellings.
(b) It is difficult to know an approximate number of how many of these leases exist in the ACT as a lease variation is not required for unit titling for these kinds of leases.
(c) The leases are typically found in newer suburbs where Crown leases were issued after 2000.
(d) The wording of these leases is usually for a ‘maximum’ number of dwellings. For example: ‘one dwelling and a second dwelling where permitted by the Territory Plan’.
(3) Residential leases can come in a number of different forms with different wording. The most common wording for residential leases is ‘residential purposes’ or to specify a certain number of dwellings, for example ‘for a maximum of 9 dwellings’ or ‘for a single dwelling and a second dwelling where permitted by the Territory Plan’. Other forms of wording are not common.
(4) Leases for ‘residential purposes’ were generally issued pre-2000. Since 2000, residential leases are generally issued for a number of dwellings, and often specify a minimum and/or maximum number of dwellings, for example ‘for a minimum of 9 dwellings and a maximum of 25 dwellings’. Other forms of wording are not common and do not cover a particular period of time.
(5) This is difficult to ascertain without interrogating each residential Crown lease in the ACT, although most residential leases in the ACT would include the types of wording specified in 3).
(6)‘Residential purposes’ leases are generally found in older suburbs that were developed before 2000. Newer suburbs developed post-2000 or ‘Mr Fluffy’ blocks generally specify the number of dwellings permitted. Other forms of wording are not common and are not specific to certain suburbs.
(7) The typical lease wording is ‘residential purposes’ or specifies the number of dwellings permitted, for example ‘for a minimum of 9 dwellings and a maximum of 25 dwellings’ or ‘for a single dwelling and a second dwelling where permitted by the Territory Plan’.
Budget—lease variation charge
(Question No 464)
Ms Le Couteur asked the Treasurer, upon notice, on 4 August 2017 (redirected to the Acting Treasurer):
(1) How is a Lease Variation Charge (LVC) calculated for lease variations to limit the maximum number of dwellings permitted on the land under a residential lease that does not meet the Zone test of Schedule 1 Item 1/1A/1B of the Determination, for example, because the land is in CZ5 Mixed Use Zone.
(2) How is a Lease Variation Charge calculated for lease variations to increase the number of dwellings permitted on the land under a lease that does not meet the residential
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