Amend or Extend a Planning Approval

Once an application has been decided and a Decision Notice is issued by Council, an applicant can make a change to a development approval during their appeal period.  The Planning Act 2016 provides a 20 business day period (does not include weekends or public holidays) in which the applicant can seek to change the conditions of approval or infrastructure charges which apply to the development which is called "Change Representations".

This period to lodge representations can also be suspended by the applicant under the Planning Act 2016 for a further period of 20 business days to provide sufficient time to prepare the Change Representations and for Council to consider the applicant's representations. It is is important to suspend the appeal period to ensure that you have sufficient time to prepare the Change Representations and for Council to assess and decide the Change Representations.    

Change Representations are required to be submitted to Council before the appeal period and suspended period conclude, and be accompanied by the relevant fee and supporting information about the changes proposed (i.e.  requested amendments to conditions). 

Additional information on Change Representations and suspending your appeal period is contained within the State Government's Planning fact sheet which can be accessed below: 

Change Representations Factsheet

An applicant can also make a change to a development approval after the appeal period has ended.  Depending on the type and scale of changes proposed, the Planning Act 2016 establishes two types of changes that can be made to development approvals after the appeal period.

For a change to be considered a "minor" change, the change must meet the definition of a Minor Change as set out in Schedule 2 of the Planning Act 2016.  This includes a requirement that the proposed change would not result in substantially different development.  Refer to Schedule 1: Substantially Different Development of the Development Assessment Rules (DA Rules) for information as to what is considered substantially different development.  

A change that does not meet the definition of a Minor Change is also able to be made to an existing development approval.  For "Other" Changes, the Change Application is assessed and decided by following the process for assessable development set out in the DA Rules.

Additional Information on Minor and Other Change Applications is contained within the State Government's Planning fact sheet which can be accessed below: 

Changing, Cancelling and Extending Development Approval Fact Sheet

Both a Minor and Other Change Application must be made to the responsible entity.  Details as to who is the responsible entity (i.e. Council or a Referral Agency) for a Change Application is contained in Section 78A of the Planning Act 2016.

A Change Application should be accompanied by:

• a completed Change Application Form, DA Form 5;
• written consent from the land owner;
• updated proposal plans (if applicable);
• a letter or report clearly detailing proposed changes to the development, including details on conditions that are proposed to be amended;
• an assessment of the development incorporating the changes against the Western Downs Planning Scheme 2017 incorporating Amendment 1;
• for Minor Change Applications, details to demonstrate the change meets the definition of a Minor Change from the Planning Act 2016, including an assessment of the development against the criteria of Schedule 1: Substantially Different Development from the DA Rules;  and
• the relevant application fee in accordance with Council's current Register of Cost Recovery Fees and Charges. 

The Planning Act 2016 allows the currency period of an approval to be extended at any time before a Development Approval lapses.  To do this, you are required to lodge an Extension Application with Council prior to the lapsing date of the approval. 

An Extension Application should be accompanied by:

• a completed Extension Application Form;
• a written letter or notice explaining the reasons the applicant reasonably requires additional time and the progress that has been made toward completing the development and meeting the conditions of approval; 
• written consent from the land owner (for Material Change of Use and Reconfiguring a Lot Approvals);  and
• the relevant application fee in accordance with Council's current Register of Cost Recovery Fees and Charges.

Additional information regarding changing or extending a development approval is contained within the State Government's Planning Fact Sheet which can be accessed via the link below:

Changing, Canceling and Extending Development Approvals Fact Sheet