Planning and Development Act 2005

This section applies if the Commission grants approval for development under section 274 in respect of any land.

An owner of the land, or a person who is of a class or kind prescribed by Part 17 regulations for the purposes of this subsection, may apply to the Commission for the Commission —

for the purposes of section 278(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 24 months referred to in section 278(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)(b) —

cannot substantially change the approved development; and

in the case of approval granted on a development application made under section 271 — cannot result in the approved development no longer being 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 273(1), 274(3) and (5) to (7), 275 and 276 apply with any necessary modifications to an application made under subsection (2) as they apply to a development application made under section 271.

No more than 1 application can be made under subsection (2) for an amendment of the kind referred to in subsection (2)(aa) and, accordingly, the Commission can make an amendment of that kind only once under this section.

Subject to Division 4, 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)(aa);

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.

In subsections (2) and (7), references to the conditions imposed on the approval, the approved development or the approval are to the conditions, development or approval as amended from time to time under this section or by an order under section 284.