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PLANNING ACT 2016 - SECT 76
Deciding change representations
76 Deciding change representations
(1) The assessment manager must assess the change representations against and
having regard to the matters that must be considered when assessing a
development application, to the extent those matters are relevant.
(2) The
assessment manager must, within 5 business days after deciding the change
representations, give a decision notice to— (a) the applicant; and
(b) if
the assessment manager agrees with any of the change representations— (i)
each principal submitter; and
(ii) each referral agency; and
(iii) if the
assessment manager is not a local government and the development is in a local
government area—the relevant local government; and
(iv) if the assessment
manager is a chosen assessment manager—the prescribed assessment manager;
and
(v) another person prescribed by regulation.
Note— See the
development assessment rules for when the notice is to be given.
(3) A
decision notice (a
"negotiated decision notice" ) that states the assessment manager agrees with
a change representation must— (a) state the nature of the change agreed to;
and
(b) comply with section 63(2) and (3).
(4) A negotiated decision notice
replaces the decision notice for the development application.
(5) Only 1
negotiated decision notice may be given.
(6) If a negotiated decision notice
is given to an applicant, a local government may give a replacement
infrastructure charges notice to the applicant.
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