Queensland Numbered Acts

PLANNING ACT 2016 - SECT 61

61 Assessing and deciding variation requests

(1) This section applies to a part of a properly made development application that is a variation request.

(2) When assessing the variation request, the assessment manager must consider—

(a) the result of the assessment of that part of the development application that is not the variation request; and

(b) the consistency of the variations sought with the rest of the local planning instrument that is sought to be varied; and

(c) the effect the variations would have on submission rights for later development applications, particularly considering the amount and detail of information included in, attached to, or given with the application and available to submitters; and

(d) any other matter prescribed by regulation.

(3) The assessment manager must decide—

(a) to approve—

(i) all or some of the variations sought; or

(ii) different variations from those sought; or

(b) to refuse the variations sought.

Note—

The part of a variation approval that approves variations is a local categorising instrument. Section 43(6) states limits on the variation approval as a categorising instrument.