What happens if my proposed development is not allowed by my Crown lease?
Your Crown lease sets out how the land is allowed to be used. ACT Planning confirms that leased land and buildings can only be used for a purpose authorised by the lease.
If what you want to build is not permitted by the lease, there are generally two options: change the proposal so that it complies with the existing lease, or seek approval to vary the Crown lease
If the project includes both the physical development and the necessary lease variation, ACT Planning states that they can be included in one DA.
Reference: ACT Planning Changes to Crown Lease – https://www.planning.act.gov.au/community/buy/leasing-and-titles/crown-leases/changes-to-a-crown-lease
Short Answer
If your proposed development or land use is not authorised by the purpose clause of your Crown lease, you generally cannot simply proceed under the existing lease. You may need to apply for a Crown lease variation through the Development Application (DA) process to change the lease so that it permits the proposed development.
The lease variation must itself be permissible under the Territory Plan, and a Lease Variation Charge (LVC) may also apply
Detailed Explanation
A Crown lease variation can add, remove or change provisions of the lease, including varying the lease purpose to permit additional or alternative uses or changing development rights such as the number of dwellings. A lease variation requires development approval and must satisfy the applicable Territory Plan requirements, including the Lease Variation Policy.
No minimum block size does not remove the need for planning assessment.
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