Planning and Development Act 2005

This section applies if the Commission grants approval for development under section 171P(1) in respect of any land.

An owner of the land, or a person who is of a class or kind prescribed by Part 11B regulations for the purposes of this subsection, may apply to the Commission for the Commission —

for the purposes of section 171W(2), to amend the approval —

to extend the period specified in the approval; or

if no period is specified in the approval — to specify a period that is longer than the period of 4 years referred to in section 171W(2)(b);

to amend or remove any of the conditions imposed on the approval; or

to amend any part or aspect of the approved development; or

to amend the approval in any other way; or

to cancel the approval.

An amendment of the kind referred to in subsection (2)(c) —

cannot substantially change the approved development; and

in the case of approval granted on a significant development application not made with the authorisation of the Premier under section 171M(3) — cannot result in the approved development no longer being prescribed significant development.

The Commission must consider an application made under subsection (2) and determine it by —

granting it (with or without conditions); or

refusing it.

Sections 171N(1), 171P(2) and (3), 171Q, 171R, 171S(2) to (5), 171T and 171ZD apply with any necessary modifications to an application under subsection (2) as they apply to a significant development application.

Subject to Division 3, no person or body, apart from the Commission acting under this section, can do any of the following in relation to the approval referred to in subsection (1) —

make an amendment of the kind referred to in subsection (2)(a);

amend or remove any of the conditions imposed on the approval;

impose new conditions on the approval;

amend any part or aspect of the approved development;

amend the approval in any other way;

cancel the approval.