Can I change the purpose clause of my Crown lease?
The purpose clause is not necessarily fixed forever. If it does not allow what you want to do with the property, you can apply to have it changed.
For example, if the existing purpose clause only permits a particular residential use and you want to introduce another use, you may apply through a Development Application (DA) to vary the Crown lease. ACT Planning will assess whether the proposed new purpose is appropriate under the Territory Plan
Reference: ACT Planning Changes to a Crown Lease – https://www.planning.act.gov.au/community/buy/leasing-and-titles/crown-leases/changes-to-a-crown-lease
Short Answer
Yes. The purpose clause of a Crown lease can be changed through a Crown lease variation, subject to development approval. A lease variation can add, remove or change provisions, including changing the lease purpose to permit additional or alternative land uses. The proposed variation must be consistent with the applicable Territory Plan requirements.
A Lease Variation Charge (LVC) may also apply, particularly where the variation adds a new purpose or expands an existing purpose and increases the value of the lease.
Detailed Explanation
ACT Planning identifies “varying the lease purpose to permit additional or alternative uses” as a specific type of Crown lease variation. A Crown lease can be varied by adding, removing or changing one or more of its provisions, and development approval is required for the variation.
Approval is not automatic. The Territory Plan – Lease Variation Policy applies to development involving a Crown lease variation and requires, among other things, that the varied lease and proposed use are suitable for the block/site.
Example: If a Crown lease purpose clause does not currently authorise a proposed use, the lessee may seek a lease variation to add that use to the purpose clause. The Authority must first approve the variation through the DA process, and an LVC may be payable if the variation is chargeable
No minimum block size does not remove the need for planning assessment.
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