Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The following chargeable variations are prescribed:
(a) if a development application relates to the chargeable variation of only 1 residential lease—a variation to increase the number of dwellings permitted on the land under the lease;
(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;
(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 limits the number of dwellings permitted on the land under the lease; or
(ii) increases, or has the effect of increasing, the maximum gross floor area of any building or other structure permitted for non-residential use 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 other 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 other structure permitted for non-residential use on the land under the subdivided lease;
(h) if the development application relates to a retirement complex—a variation to increase the maximum number of—
(i) self-care units in the complex permitted under the lease; or
(ii) care beds in the complex permitted under the lease;
(i) if a nominal rent lease authorises an incorporated association to use the land in the lease for a stated purpose—a variation to remove the reference in the lease to the association in relation to the stated purpose;
(j) a variation to limit the number of non-residential units (however described) permitted on the land under a non-residential lease.
Example—par (a)
a variation of a nominal rent lease to increase the maximum number of residential units permitted on the land under the lease from 20 units to 40 units
Example—par (b)
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 (4) 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.
Example—par (i)
A lease authorises an incorporated association to use land for office accommodation. The lessee applies for development approval to vary the lease to remove the reference to the association so that the lease may be used for office accommodation by anyone.
Example—par (j)
A non-residential lease authorises commercial use of the land under the lease but does not limit the number of permitted buildings, units or other structures on the land. The lessee proposes to subdivide the land under the Unit Titles Act 2001
and to develop a warehouse on the land into commercial and retail units. That Act
, s 20 (4) does not allow the lease to be subdivided unless the lease states the number of units (however described) permitted on the land. The lessee must vary the lease to limit the number of units permitted on the land before subdividing the land.
(2) In this section:
"care bed", in a retirement complex, means a bed used by a person 55 years old or older who requires residential care services under the Aged Care Act 1997
(Cwlth).
"consolidated lease "means a lease granted during a consolidation involving the surrender of 1 or more nominal rent leases.
"incorporated association" means an association incorporated under the Associations Incorporation Act 1991
or a law of another jurisdiction corresponding, or substantially corresponding, to that Act.
"non-residential lease "means a lease other than a residential lease under the Act
, section 257.
"retirement complex "means premises used for —
(a) permanent residential accommodation for people 55 years old or older, in self-care units; and
(b) one or more of the following:
(i) a hostel;
(ii) a nursing home.
Note Self-care units that are part of a retirement complex may also be within the meaning of ‘retirement village' in the territory plan.
"self-care unit", in a retirement complex, means a unit for use by a person 55 years old or older who is not provided, as a condition of occupancy of the unit, residential care or similar services (excluding access to facilities or services provided within the complex).
Examples—facilities or services provided within the complex
gymnasium, medical centre, swimming pool, therapy room, kiosk facility
"subdivided lease "means a lease granted during a subdivision involving the surrender of 1 or more nominal rent leases.