DOC250618

Page 2

Planning Act 2016
Chapter 3 Development assessment

[s 77]

(3)

(4)

(5)
(6)

A decision notice (a negotiated decision notice) that states the
assessment manager agrees with a change representation
must—

(a) state the nature of the change agreed to; and

(b) comply with section 63(2) and (3).

A negotiated decision notice replaces the decision notice for
the development application.

Only 1 negotiated decision notice may be given.

If a negotiated decision notice is given to an applicant, a local
government may give a replacement infrastructure charges
notice to the applicant.

Subdivision 2 Changes after appeal period

77 What this subdivision is about

This subdivision is about changing a development approval,
other than the currency period, after all appeal periods in
relation to the approval end.

78 Making change application

 

(1) A person may make an application (a change application) to
change a development approval.

(2) Achange application must be made to the responsible entity.

(3) The responsible entity is—

(a) for a change application for a minor change to a
development condition that a referral agency imposes—
the referral agency; or

(b) the P&E Court, if—

(i) the change application is for a minor change; and
(ii) the development approval was given because of an
order of the court; and
Page 92 Current as at 9 May 2018

Authorised by the Parliamentary Counsel

Page 3

(4)

(5)

(6)

Planning Act 2016
Chapter 3 Development assessment

[s 79]

(iii) there were any properly made submissions for the
development application; or

(ba) for a change application to change a condition imposed
by the Minister under section 95—the Minister; or

(bb) for a change application to change a development
approval given by the Minister for an application that
was called in under a call in provision—the Minister; or

(c) otherwise—the assessment manager.
If the P&E Court is the responsible entity, the court—

(a) must assess and decide the change application as
required under this subdivision; but

(b) is not otherwise bound by the process under this
subdivision.

If a change application is made to the Minister and the
Minister is satisfied the change does not affect a State interest,
the Minister may refer the change application to the
assessment manager.

If the Minister refers the change application to the assessment
manager, the assessment manager is taken to be the
responsible entity for the change application.

 

79 Requirements for change applications
(1) Achange application must be—
(a) made in the approved form; and
(b) accompanied by—
(i) the required fee; and
(ii) for an application for a minor change—a copy of
any pre-request response notice for the application.
(1A) Also, a change application must be accompanied by the
written consent of the owner of the premises the subject of the
application to the extent—
(a) the applicant is not the owner; and
Current as at 9 May 2018 Page 93

Authorised by the Parliamentary Counsel