A lease described by reference to a plan showing a hatched area within a building, for the purpose of operating a café, is properly construed as a lease of part of a building within the meaning of s 5(3) of the Planning Act (NT), notwithstanding ambiguities in the definitions clause that might suggest the lease extends to the land underneath. The exception in s 5(3) for leases of part of a building is determined by reference to the objective common intention of the parties, having regard to the lease purpose, the plan, and surrounding circumstances.
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