PLANNING ACT 2016 - SECT 81 Assessing change applications for minor changes

PLANNING ACT 2016 - SECT 81

81 Assessing change applications for minor changes

(1) This section applies to a change application for a minor change to a development approval.

(2) In assessing the change application, the responsible entity must consider—

(a) the information the applicant included with the application; and

(b) if the responsible entity is the assessment manager—any properly made submissions about the development application or another change application that was approved; and

(c) any pre-request response notice or response notice given in relation to the change application; and

(d) if the responsible entity is, under section 78A (3) , the Minister—all matters the Minister would or may assess against or have regard to, if the change application were a development application called in by the Minister; and

(da) if paragraph (d) does not apply—all matters the responsible entity would or may assess against or have regard to, if the change application were a development application; and

(e) another matter that the responsible entity considers relevant.

(3) Subsections (4) and (5) apply if the responsible entity must, in assessing the change application under subsection (2) (d) or (da) , consider—

(a) a statutory instrument; or

(b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument.

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the circumstances, to—

(a) the statutory instrument or other document as in effect when the change application was made; or

(b) if the statutory instrument or other document is amended or replaced after the change application is made but before it is decided—the amended or replacement instrument or document; or

(c) another statutory instrument—

(i) that comes into effect after the change application is made but before it is decided; and

(ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made.