Economic Development Act 2012
sec.51AMChanges to Planning Act approvals that are minor changes for Planning Act
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sec.51AM Changes to Planning Act approvals that are minor changes for Planning Act
This section applies if a change application is made under the Planning Act for the Planning Act approval. Despite the Planning Act , schedule 2 , definition minor change , the change to the Planning Act approval is a minor change for that Act unless— the change results in substantially different development; or the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or both of the following apply— a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made; a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act. s 51AM ins 2019 No. 11 s 39 (sec.51AM-ssec.1) This section applies if a change application is made under the Planning Act for the Planning Act approval. (sec.51AM-ssec.2) Despite the Planning Act , schedule 2 , definition minor change , the change to the Planning Act approval is a minor change for that Act unless— the change results in substantially different development; or the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or both of the following apply— a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made; a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.
- (a) the change results in substantially different development; or
- (b) the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or
- (c) both of the following apply— (i) a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made; (ii) a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.