by bunningfor24  04/03/2020  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Hi all

Can someone explain the exemption(s) that are in place for certain pieces of land that need to have Western Australian Planning Commission (WAPC) approval pursuant to the Planning and Development Act (WA) 2005. 

As I understand it, generally leases of land with a term exceeding 20 years (including further options) require WAPC approval. However, I believe there are exceptions.

The situation: An original lease for 5 years with options of 5years x 5 making a total of 30 years. The property is a  single green title property (that is, not strata) where there is one building being to be used as a coffee shop.

My understanding is that section 136(3) defines land to not include the whole or a portion of a building, if the building was constructed in accordance with a building licence, or a building licence to construct the building is in force.  In other words, approval is not required for a lease of or a licence to use or occupy a building that is, or will be, constructed in accordance with a building licence.

Question: Am I reading correctly that WAPC would not be required if you are not in effect dividing the land in two; for example:  If I was to propose a 30 year lease over half the land, in effect dividing the land in two? 

I am certain I have made this more complex than it is, but if someone could simplify what S.136 of the Planning and Development Act 2005 for me it would be greatfully appreciated.  Surely not every lease more than twenty years must be approved by the WAPC - wouldn't make sense, would it? 

Thank you kindly for any responses and thoughts in advance.