Council archive · source document
GE82-N Change representation provisions · MCU19/0001
Attached to the e-mail SARA Decision notice - 6 - 10 Diamond St, Cooroy - MCU19/0001.
Planning Act 2016 – Change representations provisions.
Chapter 3 Development Assessment
Division 2 Changing development approvals
Subdivision 1 Changes during appeal period
75 Making change representations
1) The applicant may make representations (change representations) to the assessment manager,
during the applicant’s appeal period for the development approval, about changing—
(a) a matter in the development approval, other than—
i. a matter stated because of a referral agency’s response; or
ii. a development condition imposed under a direction made by the Minister under chapter 3, part
6, division 2; or
(b) if the development approval is a deemed approval—the standard conditions taken to be included
in the deemed approval under section 64(8)(c).
2) If the applicant needs more time to make the change representations, the applicant may, during the
applicant’s appeal period for the approval, suspend the appeal period by a notice given to the
assessment manager.
3) Only 1 notice may be given.
4) If a notice is given, the appeal period is suspended—
(a) if the change representations are not made within a period of 20 business days after the notice is
given to the assessment manager—until the end of that period; or
(b) if the change representations are made within 20 business days after the notice is given to the
assessment manager, until—
i. the applicant withdraws the notice, by giving another notice to the assessment manager; or
ii. the applicant receives notice that the assessment manager does not agree with the change
representations; or
iii. the end of 20 business days after the change representations are made, or a longer period
agreed in writing between the applicant and the assessment manager.
5) However, if the assessment manager gives the applicant a negotiated decision notice, the appeal
period starts again on the day after the negotiated decision notice is given.
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76 Deciding change representations
1) The assessment manager must assess the change representations against and having regard to the
matters that must be considered when assessing a development application, to the extent those
matters are relevant.
2) The assessment manager must, within 5 business days after deciding the change representations,
give a decision notice to—
(a) the applicant; and
(b) if the assessment manager agrees with any of the change representations—
i. each principal submitter; and
ii. each referral agency; and
iii. if the assessment manager is not a local government and the development is in a local
government area—the relevant local government; and
iv. if the assessment manager is a chosen assessment manager—the prescribed assessment
manager; and
v. another person prescribed by regulation.
3) 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).
4) A negotiated decision notice replaces the decision notice for the development application.
5) Only 1 negotiated decision notice may be given.
6) If a negotiated decision notice is given to an applicant, a local government may give a replacement
infrastructure charges notice to the applicant.
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