SARA_Information response

The assessment and decision making framework for a change application,
which is not a minor change, is set out in Section 82 of the Planning Act
2076. Subsection (2) of the provision states:

“82 Assessing and deciding change applications for other changes

(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

i.

the responsible entity were the assessment
Manager; and

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.

(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;

(underlining added)”

The phrase “relevant provisions" is defined for the purposes of s 82 as:

“(6)

In this section-

relevant provisions means-

(a) section 45(6) to (8); and

(b) part 2, division 2, other than section 51; and
(c) part 3, other than sections 63 and 64(8)(c); and
(d) the development assessment rules.”

This means two important things for present purposes.

First, a change application is taken by law to be the original development
application, with the changes included, but made when the change
application was made.

Secondly, and pursuant to section 45(7) of the Planning Act 20176, the
assessment to be undertaken must be carried out against the assessment

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