Changing a court approval
Requesting approval changes
Under s. 79 of the Planning Act 2016, any request to change a court approval must be made in the form required by the ‘responsible entity’—the Planning and Environment Court (P and E Court).
The correct form is Form 2 - Originating application or .
This form must be accompanied by:
- the fee for the request
- a copy of any pre-request response notice relevant to the request
- the written consent of the owner of the premises (except excluded premises).
Also provide any other information you consider relevant.
Providing a notice of decision (before 3 July 2017)
If the request to change the court approval was filed under the Sustainable Planning Act 2009 (before 3 July 2017), the requirements of s. 376 of that Act still apply.
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.