Does a Crown lease variation require a separate application?
If your proposed development also requires the Crown lease to be changed, the development and lease variation can form part of the same DA rather than lodging two separate DAs.
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
No, not necessarily. A Crown lease variation does not always require a separate Development Application (DA) from the proposed development. A DA can include a lease variation as part of the same application
Detailed Explanation
The Planning Act 2023, s 177 – Notice of development applications—lease variations specifically applies where a development application “is, or includes, a lease variation.” This confirms that a lease variation can either be the subject of the DA itself or be included as part of a broader development application.
If the DA involving the lease variation is approved, the Act provides for the lease to be varied in accordance with the terms of the approval.
The proposed lease variation must also be assessed against the Territory Plan Lease Variation Policy, which applies to development where varying a Crown lease is proposed.
No minimum block size does not remove the need for planning assessment.
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