Concessional lease change

A development application can be lodged to vary a lease granted as a concessional lease to remove its concessional status.

Removing concessional status

Deconcessionalising a lease requires the assessment of the social, cultural and economic impact of the proposal and, as a consequence, the lodgement of a development application in the merit track seeking to vary the lease. A Social Impact Assessment Guide has been developed and you must ensure your assessment meets the requirements.

Before assessing the development application, the Minister must consider the matter and conclude that the removal of the concessional lease status would be in the public interest, taking into account whether the change would disadvantage the community and other matters. If the Minister finds that the change is in the public interest, we must then assess the development application against the requirements of the Territory Plan.

Approval to deconcessionalise

If approved, the lessee must pay the Territory the payout amount determined in accordance with a prescribed formula found in s 263 of the Planning and Development Act 2007.

Surrender and regrant of lease

If a lease is varied only to remove the concessional status by surrender and regrant of the lease, the regranted lease authorises each use that was authorised under the previous lease.

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