Part A - Town Planning Letter

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                    (ii) a referral to extra referral agencies; or

                    (iii) a referral agency to assess the change application against extra matters; and

                (b) the power—

                    (i) to direct that a development condition be imposed under section 56(1)(b)(i) includes a power to direct
                       that a development condition be amended; and

                    (ii) to impose a development condition under section 60(2)(c) or (3)(b) or 64(6)(b) includes a power to
                        amend a development condition; and

                (c) if the responsible entity is, under section 78(3)(ba) or (bb), the Minister—

                    (i) part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c), and the development
                        assessment rules apply to the change application only if, and to the extent, those provisions would
                        apply to a development application called in by the Minister; and

                    (ii) section 105(5) and (6) applies for assessing and deciding the change application.

           (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;

                (b) any matters a referral agency must, may, or may only assess the application against or have regard to
                    under section 55(2);

                (c) any matters the assessment must have regard to under section 45(3) or (5); (d) any other relevant
                    matters under section 45(5)(b).

           (5) If a change application is made within 1 year after the development approval was given, any properly made
               submission for the application for the development approval is taken to be a properly made submission for
               the change application.”

Pursuant to Section 82, the ‘other change’ application is required to be assessed and decided by the
responsible entity in the context of the development approval under the arrangements in the Planning Act for
assessing and deciding the development application, namely the development assessment rules and chapter
3, part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c) of the Planning Act. The assessment
will be undertaken against the following matters to the extent that they are relevant to assessing and deciding
the change application:
       The assessment benchmarks;
       Any matters a referral agency must assessment the application against or have regard to under
        Section 55(2) of the Planning Act; and
       Any matters relevant to the assessment of either a code or impact assessable application under
        Section 45(3) or (5) of the Planning Act.
5. ASSESSMENT OF APPLICATION
The following sections constitute an assessment of the proposed change pursuant to Section 82 of the
Planning Act.
Referral
Section 55(2) of the Planning Act states that:
  “For any other referral agency, a regulation may prescribe the matters the referral agency–
           (a) may, must or must only assess a development application against; and
           (b) may, must, or must only have regard to for the assessment. “

Part 4, Section 22(1) of the Planning Regulation 2017 (“Planning Regulation”) states that:
  “Schedules 9 and 10 prescribe—




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