57Variation of conditions of permit

57 Variation of conditions of permit (1) The owner of land to which a development permit relates, or a person authorised by the owner, may at any time before the permit lapses apply to the consent authority for a variation of a condition of the permit. (3) The consent authority may, in writing, vary a condition of a development permit if: (a) the proposed variation will not materially affect the amenity of adjoining or nearby land or premises; and (b) the variation does not authorise a substantive change to the development approved by the development permit. (4) Despite subsection (3)(a), a permit must not be varied if it will allow an increase in the number of dwellings capable of separate occupancy. (5) If the consent authority refuses to vary a condition of a permit in accordance with an application, the consent authority must give to the applicant a statement of the consent authority's reasons for the refusal. (6) For subsection (3)(b), a substantive change is: (a) a change that increases non-compliance with a measurable aspect of the development permit by more than 5%; or (b) if the change is not conveniently measurable – a variation that materially changes the character of the development approved by the development permit. Division 3A Determination by Minister of application relating to significant development proposal