08/1616 - Change to Development Approval [As Published] · 172008.1616.02

 

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

 

General advice
« Form 2 may be used for any one of the four types of request for changing an existing approval ~
+ anextension of the period before an approval lapses (under IPA, section 3.5.22}
+ to. change or cancel a condition of approval (under IPA, section 3.5.33}
* — tochange the development approval other than a change of condition (under [PA, section 3.5.24)
+ tochange conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6.1.35A)

« Form 2 is 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
provess to be followed and provides for the focal goverment to determine the required form.

. The entity that should receive the request is:

© — for anvextension 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)

e —tochange the development approval - the assessment manager

« — tocharige conditions of a razoning approval - the local government

e When paying fees to the Environmental Protectian Agency by electronic funds transfer (EFT) for requests nelating to. environmentatty 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.

 

Qt Any person may make a request to change an approval. However, in the case of a development approval for rbulldng 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 @ request (IPA, section 3.5.33(3A)).

 

 

Q2 If the request is made to a concurrence agency cr the court, notice of any subsequent change or cancellation of a condition must be givan
tothe assessment manager (IPA, section 3.5.33(9)). 1. doa oa tl eed ett ws
Q6 °, Ifthe 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, ‘settions 3.5.22(3}, 3.5. .24(3)};,3:5.33(3)).
« However, owner's, consent is not required if the approval is for: t : ,
".” amobila andtemporary ERA: oF TW RS a EN Y\N SPSS MANS
. building work or operational, work for the ‘supply of community infrastructure on tand gnats for community infrastructure
(IPA, section 3.5:33(3A)}.

tort,

 

Q7 The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entittement 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))

 

ag For a raquest to extend the period before an approval lapsas,.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(1)).

 

 

aie For,a request to change a development approval, if the subject of the request ‘involved a building refarral agency, that agency also needs to
be, given notice of the request (IPA, section 3.9. 24(1)). For a request to change conditions the opinion ofa relevant building referral agency
must be given regard ta by the éntity deciing the request (IPA, section 3.5.33(9).

 

 

 

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