Appeal 26-042 - Lodgement Documents

20 Peregian Esplanade, Peregian Beach




          CHANGE APPLICATION PROVISIONS
Under Section 78 of the Planning Act 2016, a person may make an application (a Change Application) to the
responsible entity to change a development approval. A Change Application, other than for A Minor Change
to a development approval, is an Other Change to a development approval.

Section 82 of the Planning Act 2016 sets out the provisions for assessing and deciding change applications
for Other Changes as follows:

     (1) This section applies to a change application, other than for a minor change to a development approval.

     (2) For administering the change application, and assessing and deciding the change application in the context
         of the development approval, the relevant provisions apply—
         (a) as if—
              (i)      the responsible entity were the assessment manager; and
              (ii)     the change application were the original development application, with the changes included,
                       but was made when the change application was made; and
         (b) with necessary changes.

     (3) However—
         (a) section 53 does not apply to the change application if the change is not a minor change only because
             the change may cause—

                (i)       a referral to a referral agency if there were no referral agencies for the development
                          application; or
                (ii)      a referral to extra referral agencies; or
                (iii)     a referral agency to assess the change application against extra matters; and

          (b) the power—
              (i)     to direct that a development condition be imposed under section 56(1)(b)(i) includes a power
                      to direct that a development condition be amended; and
              (ii)     to impose a development condition under section 60(2)(c) or (3)(b) or 64(6)(b) includes a
                      power to amend a development condition; and

          (c) if the responsible entity is, under section 78A(3), the Minister—
              (i)        the relevant provisions apply to the change application only if, and to the extent, those
                         provisions would apply to a development application called in by the Minister; and
              (ii)       section 105(5) and (6) applies for assessing and deciding the change application.

     (4) To remove any doubt, it is declared that the following matters apply, only to the extent the matters are
         relevant to assessing and deciding the change application in the context of the development approval—

          (a) the assessment benchmarks;
          (b) any matters a referral agency must, may, or may only assess the application against or have regard to
              under section 55(2);
          (c) if the development to which the change application relates requires code assessment—any matters the
              assessment must be carried out having regard to under section 45(3)(b);
          (d) if the development to which the change application relates requires impact assessment— any matters
              the assessment must or may be carried out against or having regard to under section 45(5)(a)(ii) or (b).

     (5) If a change application is made within 1 year after the development approval was given, any properly made
         submission for the application for the development approval is taken to be a properly made submission for
         the change application.

     (6) In this section—



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