PLANNING ACT 2016 - SECT 82
Assessing and deciding change applications for other changes
PLANNING ACT 2016 - SECT 82
Assessing and deciding change applications for other changes
82 Assessing and deciding change applications for other changes
(1) This section applies to a change application, other than for a minor
change to a development approval.
(2) For administering the change
application, and assessing and deciding the change application in the context
of the development approval, the relevant provisions apply—
(a) as if—
(i)
the responsible entity were the assessment manager; and
(ii) the change
application were the original development application, with the changes
included, but was made when the change application was made; and
(b) with
necessary changes.
(3) However—
(a) section 53does not apply to the change
application if the change is not a minor change only because the change may
cause—
(i) a referral to a referral agency if there were no referral
agencies for the development application; or
(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 78A(3) , the Minister—
(i) the relevant provisions
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) if the development to which the change application relates requires
code assessment—any matters the assessment must be carried out having regard
to under section 45(3) (b) ;
(d) if the development to which the change
application relates requires impact assessment—any matters the assessment
must or may be carried out against or having regard to under section 45(5)
(a) (ii) or (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.