75Standard chargeable variations—Act, s 327, def standard

75 Standard chargeable variations—Act, s 327, def standard chargeable variation (1) The following chargeable variations are prescribed: (a) if a development application relates to the chargeable variation of only 1 residential lease—a variation to increase the number of dwellings permitted on the land under the lease; (b) if a development application relates to the chargeable variation of only 1 residential lease—a variation to limit the number of dwellings permitted on the land under the lease;

(c) if a development application relates to the chargeable variation of only 1 non-residential lease—a chargeable variation of the lease that— (i) increases or limits the number of dwellings permitted on the land under the lease; or for non-residential use on the land under the lease; (d) the consolidation of 2 or more nominal rent leases; (e) the subdivision of 1 or more nominal rent leases; (f) if 2 or more nominal rent leases are consolidated—a variation that— (i) increases the number of dwellings permitted on the land under the consolidated lease; or for non-residential use on the land under the consolidated (g) if 1 or more nominal rent leases are subdivided—a variation that— (i) increases the number of dwellings permitted on the land under the subdivided lease; or for non-residential use on the land under the subdivided (h) if the development application relates to a retirement complex— a variation to increase the maximum number of— (i) self-care units in the complex permitted under the lease; or

(ii) care beds in the complex permitted under the lease; (i) if a nominal rent lease authorises an incorporated association to use the land in the lease for a stated purpose—a variation to remove the reference in the lease to the association in relation to the stated purpose; (j) a variation to limit the number of non-residential units (however described) permitted on the land under a non-residential lease. Example—par (a) a variation of a nominal rent lease to increase the maximum number of residential units permitted on the land under the lease from 20 units to 40 units Example—par (b) A lease permits land to be used for residential purposes but does not state any limit on the number of permitted residences on the land. The lessee proposes to subdivide the land under the Unit Titles Act 2001. That Act, s 20 (4) does not allow the lease to be subdivided unless the lease provides for the number of dwellings on the land. The lessee must vary the lease to limit the number of dwellings permitted on the land before subdividing the land. Example—par (i) A lease authorises an incorporated association to use land for office accommodation. The lessee applies for development approval to vary the lease to remove the reference to the association so that the lease may be used for office accommodation by anyone. Example—par (j) A non-residential lease authorises commercial use of the land under the lease but does not limit the number of permitted buildings, units or other structures on the land. The lessee proposes to subdivide the land under the Unit Titles Act 2001 and to develop a warehouse on the land into commercial and retail units. That Act, s 20 (4) does not allow the lease to be subdivided unless the lease states the number of units (however described) permitted on the land. The lessee must vary the lease to limit the number of units permitted on the land before subdividing the land. care bed, in a retirement complex, means a bed used by a person 55 years old or older who requires residential care services under the Aged Care Act 1997 (Cwlth).