Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4

Question 6:
• Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to
  which the approval relates, the request must be accompanied by the owner's consent.
• However, owner's consent is not required if the approval:
        relates to land that was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied
        when the application for the approval was made
        is for building work or operational work for the supply of community infrastructure on land designated for the
        community infrastructure, or
  c     the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a
        development application were made for the requested change
• Also, owners' consent is not required if the responsible entity is satisfied that:
        the number of owners of the land make it impracticable to obtain owners' consent, and the requested change does
        not materially affect the owners' land, or
        having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the
        requested change does not materially affect the owner's land.


Question 7:
• Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval
  were made at the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009
  would be required to support the application, this request must be accompanied by the written agreement of the chief
  executive from whom evidence would be required under section 264(1). (Section 264 of the Sustainable Planning Act 2009
  provides that if a development involves a State resource, a regulation may require the application to be supported by
  certain evidence prescribed under the regulation. Schedule 14 of the Sustainable Planning Regulation 2009 prescribes the
  State resources for which evidence is required to be given, and the evidence required, to support the application.)


 Question 9:
• Section 372 of the Sustainable Planning Act 2009 requires that a copy of the request be given to:
        the assessment manager for the original application, if the request is made to a concurrence agency, the Minister, or
        the court
        any concurrence agencies for the original application, if the request is made to the assessment manager for the
        original application, the Minister or the court
        any other entity prescribed by a regulation.
• However, a copy of the request is not required to be given to an entity that has given a pre-request response notice for the
  request.




OFFICE USE ONLY


 Date received                                             Reference numbers
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                                                                                                Version 1. 1 March 2010