1. SPA request-change-existing-approval-form · MCU16/0084

Question 6:
 Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner
  of the land to which the approval relates, the request must be accompanied by the owner’s consent.
 However, owner’s consent is not required if the approval:
  o     relates to land that was acquisition land to which section 263(2)(d) of the Sustainable Planning Act
        2009 applied when the application for the approval was made
  o     is for building work or operational work for the supply of community infrastructure on land
        designated for the community infrastructure, or
  o     the consent of the owner would not be required under section 263(1) of the Sustainable Planning
        Act 2009 if a development application were made for the requested change
 Also, owners’ consent is not required if the responsible entity is satisfied that:
  o     the number of owners of the land make it impracticable to obtain owners’ consent, and the requested
        change does not materially affect the owners’ land, or
  o     having regard to the nature of the proposed change, the owner has unreasonably withheld
        consent and the requested change does not materially affect the owner’s land.

Question 7:
 Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development
  approval were made at the time of making this request and evidence under section 264(1) of the Sustainable
  Planning Act 2009 would be required to support the application, this request must be accompanied by the
  written agreement of the chief executive from whom evidence would be required under section 264(1).
  (Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource,
  a regulation may require the application to be supported by certain evidence prescribed under the regulation.
  Schedule 14 of the Sustainable Planning Regulation 2009 prescribes the State resources for which evidence
  is required to be given, and the evidence required, to support the application.)

  Question 9:
 Section 372 of the Sustainable Planning Act 2009 requires that a copy of the request be given to:
  o     the assessment manager for the original application, if the request is made to a concurrence agency, the
        Minister, or the court
  o     any concurrence agencies for the original application, if the request is made to the assessment
        manager for the original application, the Minister or the court
  o     any other entity prescribed by a regulation.
 However, a copy of the request is not required to be given to an entity that has given a pre-request response
  notice for the request.



OFFICE USE ONLY

 Date received                                     Reference numbers




Request to change existing approval template                                                                -5-