Planning and Environment Act 1987

A person who requests a planning authority to prepare an amendment to a planning scheme may also apply to the planning authority for—

a permit for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained; or

if the amendment provides for the removal or variation of a registered restrictive covenant, a permit for a use or development which would, if the restrictive covenant were not removed or varied, result in a breach of that registered restrictive covenant.

For the purposes of subsection (1), if the planning authority is a municipal council, the request to prepare the amendment must be made under section 16A.

Subject to subsection (2A), the planning authority may agree to consider the application for the permit concurrently with the preparation of the proposed amendment.

If the planning authority is a municipal council, it must not agree to consider the application for the permit concurrently with the preparation of the proposed amendment unless it has made a decision under section 16B(a) to apply to the Minister for authorisation to prepare the amendment, with or without changes, under section 16F.

An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.

The application for the permit must—

if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and

be accompanied by the prescribed fee; and

be accompanied by the information required by the planning scheme; and

if the land is burdened by a registered restrictive covenant, be accompanied by a copy of the covenant; and

if the application is for a permit to allow the removal or variation of a registered restrictive covenant or if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, be accompanied by—

information clearly identifying each allotment or lot benefited by the registered restrictive covenant; and

any other information that is required by the regulations.

If the application for the permit is a leviable planning permit application, the applicant must, at the same time as making the application, give the planning authority a current levy certificate in respect of the development for which the permit is required that states an estimated cost of the development that is equal to or greater than the estimated cost of the development stated in the application.

If the application for a permit is an application that is not a leviable planning permit application because of the operation of section 96P(1A), the applicant must, at the same time as making the application, give the planning authority—

a current levy exemption certificate in respect of the development for which the permit is required that states an estimated cost of the development that is equal to or greater than the estimated cost of the development stated in the application; or

evidence that the application is—

made in the circumstances referred to in section 96P(1A)(b); or

an application of the class referred to in section 96P(1A)(c).

If an applicant fails to comply with subsection (4A) or (4AB), the application for the permit is void and of no effect.

An application cannot be made under this section after the notice of the proposed amendment to the planning scheme has been given under section 19.

Sections 48, 49, 50 and 50A apply to an application under this section as if—

it were an application under Division 1; and

in sections 50 and 50A a reference—

to the responsible authority were a reference to the planning authority; and

to section 52 were a reference to section 96C(1).