05/1189 - Change to Development Approval [As Published] · 132005.1189.05

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

 

OFFICE USE ONLY

 

 

 

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Advice for completing Form 2

General advice
« Form 2 may be used for any one of the four types of request for changing an existing approval -
* — anextension of the pericd before an approval lapses {under IPA, section 3.5.22)
* — to change or cancel a condition of appraval (under IPA, section 3.5.33)
¢ — tochange the development approval other than a change of condition (under IPA, section 3.5.24)
« — tochange conditions of a rezoning approval given under the Loca! Government (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6,1.35A)

« Form 2is not an approved form under the IPA. The assessment manager, concurrence agency or court may have their own form for the purpose of
making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the process to
be followed and provides for the local government to determine the required form.

e The entity that should receive the request is:

« — for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA, section
3.5,22(9))

¢ — tochange or cancel a condition of approval - the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court)

« — tochange the development approval - the assessment manager

* — tochange conditions of a rezoning approval - the local government

¢ When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant activities
(ERAs) or coastal development, use the process from the information sheet Electronically paying fees to the Environmental Protection Agency (EPA)

and attach the form Electronic Funds Transfer (EFT) payment notification to the request.

Qi Any person may make a request to change an approval. However, in the case of a development approval for building work or operational work

for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the infrastructure may
make a request (IPA, section 3.5.33(3A)).

Q2 Ifthe request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given to the
assessment manager (IPA, section 3.5.33(9)}.

 

 

 

 

Q6 . if the person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the
owner's consent. (IPA, sections 3.5,22(3), 3.5.24(3), 3.5.33(3)).
* However, owner's consent is not required if the approval is for:

« — amobile and temporary ERA; or

¢ building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3,5.33(3A)).

 

Qi The request must also be accompanied by the written agreement of the chief executive from wham evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33(3C))

 

Q9 For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the approval
must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(4)).

 

Qo For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to be
given notice of the request (IPA, section 3.5.24(1)), For a request to change conditions the opinion of a relevant building referral agency must be
given regard to by the entity deciding the request (IPA, section 3.5.33(9)).