105BInvestigation of complaint about unclean leasehold

105B Investigation of complaint about unclean leasehold (1) When investigating a complaint under the Act, section 417, the territory planning authority may undertake any of the following steps: (a) view the leasehold from a public place near the leasehold; (b) consider whether there are items on the leasehold that can be seen from the public place; (c) consider whether the items are of a kind that must be removed to clean up the leasehold; (d) consider whether the volume of the items is at a level that must be reduced to clean up the leasehold; (e) consider whether the items detract from the use or enjoyment of the surrounding area of the leasehold; (f) consider any other matter the territory planning authority considers relevant.

(2) For subsection (1) (c)— (a) items of a kind that must be removed to clean up the leasehold include the following: (i) builders spoil; Example—builders spoil leftover material from renovations (ii) car bodies; (iii) furniture; (iv) household appliances; (v) machinery or parts of machinery; (vi) parts of vehicles; (vii) scrap material; (viii) graffiti, litter or vegetation, if the graffiti, litter or vegetation accompanies an item of a kind that must be removed to clean up the leasehold; (ix) unless otherwise permitted under a territory law—shipping containers; and (b) items of a kind that do not need to be removed to clean up the leasehold include the following: (i) registered vehicles; (ii) items stored in an approved structure on the leasehold; (iii) items that are permitted under a territory law to be on the leasehold; Example—item permitted on the leasehold a shipping container permitted under the Planning (Exempt Development) Regulation 2023

Controlled activities Part 16 Unclean leaseholds Division 16.1 (iv) items that are temporarily on the leasehold. Examples—items temporarily on the leasehold 1 items on the leasehold being stored for an on-site construction project that will be removed at the completion of the project 2 a large waste bin used for the collection of litter that will be removed after the litter has been collected litter—see the Litter Act 2004, section 7. public place—see the Litter Act 2004, dictionary.