166Development applications to vary lease under Planning

166 Development applications to vary lease under Planning Act 2023 (1) An application for development approval for the variation of a unit or common property lease may be made under the Planning Act 2023, chapter 7 only if— (a) all members of the owners corporation have been given notice of the proposed application under subsection (2); and (b) the application is authorised by unopposed resolution; and (c) a certificate under the corporation’s seal is provided confirming that the requirements mentioned in paragraphs (a) and (b) have been met; and (d) if the unit or common property lease is in a units plan that subdivides a parcel of land under a declared land sublease— the Crown lessee consents, in writing, to the application. (2) The notice of general meeting including notice of the motion to authorisation the application must set out— (a) details of the variation sought; and (b) the implications of the proposed variation for the unit entitlement and property interests of the members. (3) If an application for development approval for the variation of a unit lease or common property lease is approved under the Planning Act 2023, chapter 7, the territory planning authority must give each member of the owners corporation written notice of the approval stating the date the approval is to take effect.

Lease variations and grants of further leases Part 12 Grants of further leases Division 12.2