206Deciding applications to amend development approvals

206 Deciding applications to amend development approvals (1) In deciding whether to amend a development approval in accordance with an application under section 205, the decision-maker must consider the application, and take action in relation to the application, as if— (a) the development originally approved is completed; and (b) the application is a development application to be decided under Tony has development approval to build a house (the original approval). Tony starts to build the house, but discovers that he needs an extra room in the house. He applies to amend the original approval. In deciding whether to amend the original approval, the territory planning authority must treat the application to amend as if the house has been built in accordance with the original approval, and the application is for approval to add an extra room. Note 1 A decision of the territory planning authority to amend a development approval subject to a condition, or refuse to amend a development approval, may be reconsidered (see s 198 (1) (a)). The approval-holder may apply for review of a decision under s 199 (1) (b) (ii) to confirm the original decision (see sch 5, pt 5.2, item 5). Note 2 The decision-maker must decide whether to amend the development approval as soon as possible (see Legislation Act, s 151B). (2) The decision-maker must refuse to amend the development approval if satisfied that— (a) the changed development proposal would be in breach of a condition included in the approval under section 187 (1) (d); or Note If a conditional environmental significance opinion has been given for a development, the development approval must include a condition that the development comply with the condition in the environmental significance opinion (see s 187 (1) (d)). (b) an offset condition for the approval as amended would not provide an offset at least equivalent to an offset provided by the original approval.

Correction and amendment of development approvals Division 7.6.4 (3) Also, the decision-maker must refuse to amend a development approval unless satisfied that, after the amendment, the development approved will be substantially the same as the development for which approval was originally given.