2205-28752 SRA - Representations about a referral agency response.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 Rules1
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.2

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. If a 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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[OCR of page images]
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.

28.2.

28.3.

28.4.

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.

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.”

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.

If a 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.

‘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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