Negotiated Decision Notice MCU21 0110.pdf

Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules"
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response?

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

1 Pursuant to Section 68 of the Planning Act 2016

2 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section
28.2(c) is taken to have been satisfied.

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Document Set ID: 23976352 Page 30 of 53

Version: 3, Version Date: 30/07/2025