Planning Act 2023

The territory planning authority may, if asked by an applicant for development approval, amend the development application.

However, the territory planning authority must not amend the development application unless—

the request for amendment is signed by the applicant and any person prescribed for section 166 (2) (a); and

the authority is satisfied that the proposed amended application—

is substantially the same as the original application; and

if the development in the original application was not a significant development—does not result in the development becoming a significant development; and

meets the requirements of section 166 (2) (b) to (d); and

for land under a land sublease—

if the applicant is not the sublessee—the sublessee consents, in writing, to the amendment; and

if the applicant is not the lessee—the lessee consents, in writing, to the amendment.

The applicant must submit the information and documents under section 166 (2) (c) sufficient to allow the authority to assess the proposed amended application in accordance with subsection (2).

Example

Sch 1, pt 1.2, item 12 requires certain development applications to be accompanied by a written endorsement that the proposal is consistent with a development agreement. If the development as amended would no longer be covered by the endorsement, the applicant must submit an updated endorsement.

The territory planning authority must, not later than 5 working days after the day the information and documents mentioned in subsection (3) are accepted—

amend the development application; or

refuse to amend the development application.

The territory planning authority must publish on the authority website—

the request for amendment; and

the decision made under subsection (4) in response to the request.