Australian Capital Territory Numbered Regulations

PLANNING (GENERAL) REGULATION 2023 (NO 20 OF 2023) - REG 53

    (1)     The criteria for the direct sale of a lease of unleased land other than public land (the proposed lease ) to the lessee of a lease (the existing lease ) that adjoins the proposed lease are that—

        (a)     the grant of the proposed lease will—

              (i)     rectify an existing encroachment on the proposed lease by a building or other structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001

; or

              (ii)     facilitate the achievement of a good planning outcome; and

        (b)     the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and

        (c)     because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and

        (d)     the grant of the proposed lease—

              (i)     will not detract from the amenity of the surrounding area; and

              (ii)     will promote better land management; and

              (iii)     will not unreasonably restrict public access to other land.

    (2)     In this section:

"encroachment" includes a projection at, above or below ground level.

Division 7.4     Certain direct sales not requiring approval