Amending or cancelling development approval
55 Amending or cancelling development approval
An owner of land in respect of which development approval under this Scheme has been granted may make an application to the Commission requesting the Commission to do any or all of the following —
to amend the approval so as to extend the period within which any development approval must be substantially commenced;
to amend or delete any condition to which the approval is subject;
to amend an aspect of the development approval which, if amended, would not substantially change the development approved;
to cancel the approval.
An application under subclause (1) —
must be made in accordance with the requirements of Part 9 and dealt with under this Part as if it were an application for development approval; and
may be made during or after the period within which the development approved must be substantially commenced.
Despite subclause (2), the Commission may waive or vary a requirement in Part 9 or this Part in respect of an application if the Commission is satisfied that the application relates to a minor amendment to the development approval.
The Commission may determine an application made under subclause (1) by —
approving the application without conditions; or
approving the application with conditions; or
refusing the application.
[Clause 55 inserted: Act No. 41 of 2024 s. 5.]
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