Requesting a permissible change
Requesting approval changes
Under s. 370 of the Sustainable Planning Act 2009, any request to change an approval must be made in the form required by the ‘responsible entity’—the Planning and Environment Court (P and E Court).
This form must be accompanied by:
- the fee for the request
- a copy of any pre-request response notice relevant to the request
- evidence to show you have complied with s. 372 (see below).
Also provide any other information you consider relevant.
Providing a notice of decision
Under s. 376, when the P and E Court approves a change to a previous court-approved development, the court must give a notice to:
- the person who made the request
- the assessment manager
- any referral agency for the original application
- the local government whose local government area (LGA) includes the land (if the development approval (DA) relates to land an in LGA)
- the minister (if the request relates to a DA given by the minister under part 11, division 2 and they referred the request to the original assessment manager).
When applying for a change of approval, give the registry a notice that complies with s. 376(2). It must state the:
- day the request was made
- day the DA for the original application was decided
- reason for the decision (if it was refused).
Also attach a marked-up copy of the original court order.
Give the registry one copy for each person to be notified, plus one additional for the file. Do not call the notice a 'draft'. Hand the notice up with the order or deliver it to the registry.
For more information, see practice direction 2010/3