A clause in a lease providing for renewal contingent upon the lessor's unfettered discretion to take some prior step (such as redevelopment) does not constitute an 'option to renew' within s 20(1)(d)(ii) of the Town Planning and Development Act 1928 (WA). The relevant distinction for the purposes of that section is between a case in which the lessor is irrevocably bound to grant the extension (whether or not conditional on the lessee's compliance) and one in which the lessor is not so bound. This has implications for whether Commission approval is required for building leases approaching the 21-year threshold.
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