Planning (General) Regulation 2023
73Meaning of recently commenced lease—div 12.2
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73 Meaning of recently commenced lease—div 12.2 (1) In this division: recently commenced lease, in relation to the variation of a lease, means— (a) a lease that commenced not more than 5 years before the application for the variation is made; or (b) a further lease granted under the Act, section 289 following the surrender of a lease that commenced not more than 5 years (c) a lease regranted following the surrender of a lease if— (i) the regranted lease includes all or part of the land described in the surrendered lease and is not in a future urban area; and (ii) the surrendered lease commenced not more than 5 years
(d) a market value lease granted following the surrender of a concessional lease if— (i) the market value lease is granted to the same lessee as the surrendered lease; and (ii) the surrendered lease commenced not more than 5 years (e) a lease granted following the surrender of 2 or more leases of the same size if any of the leases commenced not more than 5 years before the application for the variation is made; or (f) a lease granted following the surrender of 2 or more leases of at least 2 different sizes if the largest lease commenced not more than 5 years before the application for the variation is made. largest lease, of the surrendered leases, means the lease, or any of the leases, with the largest area. regrant, of a surrendered lease, means the grant of a new lease, subject to different provisions, to the same lessee as the surrendered