68Voluntary surrender of development consent—the Act, s 4.63

#### 68 Voluntary surrender of development consent—the Act, s 4.63 68 Voluntary surrender of development consent—the Act, s 4.63 > > (1) A development consent may be voluntarily surrendered by written notice to the consent authority. > > > (2) The notice must contain the following information— > > > > > (a) the name and address of the person giving the notice, > > > > > (b) the address and folio identifier of the land to which the development consent relates, > > > > > (c) a description of the development consent to be surrendered, > > > > > (d) if the person giving the notice is not the owner of the land—a statement signed by the owner of the land that the owner consents to the surrender of the development consent, > > > > > (e) whether any part of the development to which the development consent relates has commenced. > > > (3) If any part of the development to which the development consent relates has commenced (the commenced development), the notice must also set out the circumstances that indicate— > > > > > (a) the commenced development was carried out in compliance with— > > > > > > > (i) each condition of the development consent that is relevant to the commencement development, or > > > > > > > (ii) an agreement with the consent authority relating to the development consent that is relevant to the commenced development, and > > > > > (b) the surrender of the development consent will not have an adverse impact on a third party or the locality. > > > (4) The notice takes effect when the consent authority notifies the person that the consent authority is satisfied that— > > > > > (a) no part of the development to which the development consent relates has commenced, or > > > > > (b) if there is commenced development— > > > > > > > (i) it was carried out in compliance with each condition of the development consent, or an agreement with the consent authority relating to the development consent, that is relevant to the commenced development, and > > > > > > > (ii) the surrender of the development consent will not have an adverse impact on a third party or the locality. > > > (5) The notice operates, according to its terms, to surrender the development consent to which it relates. > > > (6) The consent of the owner is not required under subsection (2)(d) if the consent of the owner of the land was not required under section 23 to make the application for the development consent.