05/2200 - Change to Development Approval - Removal of Trees [As Published] · 132005.2200.02

 

INTEGRATED PLANNING ACT 1997

Form 2, Version 4.0, 3 September 2007

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 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 IPA, section 3.5.24)

* — tochange conditions of a rezoning approval given under the Local Govemment (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 process to

be followed and provides for the local government to determine the required form.

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 couri) ”

« — tochange the development approval - the assessment manager

* — tochange conditions of a rezoning approval - the local goverment.

 

a1

If the 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)).

 

Q5

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)).

 

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
awner'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:
. a mobile and temporary ERA; or
. building work or operational work for the supply of community infrastructure on land designated for community infrastructur
(IPA, section 3.5.33(3A)).

 

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))

 

Qo

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(1)).

 

Q10

 

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)).

 

 

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