Change a Development Approval Once a Decision is Made by Council.

Obtaining a development approval in Queensland can be a complex and lengthy process. However, what happens if circumstances change, or you wish to modify your project after Council’s town planning department has made their decision? Fortunately, the Queensland planning system provides various avenues for change including:

• Negotiated Decision Notice

• Generally in Accordance

• Minor Change

• Other Change

• Planning and Environment Court

Negotiated Decision Notice

A Negotiated Decision Notice is a flexible way to make changes to your development approval in Queensland. It involves a negotiation process between the applicant and the council to reach a mutually agreeable solution. Here are some key points:

• Can only be used within a short time window after the Council issue the Decision Notice

• It allows for amendments to the development approval.

• Typically used for minor alterations or site-specific adjustments.

• Requires cooperation and agreement between the applicant and the council.

• A Negotiated Decision Notice does not trigger a new application process.

Generally in Accordance

The "Generally in Accordance", known as a GIA, provision allows for certain changes to be made without seeking council approval. However, it is crucial to understand the criteria and limitations:

• Changes must be "generally in accordance" with the development approval conditions. There is no specific test for what “generally in accordance” means.

• Typically used for minor administrative adjustments.

• The responsibility lies with the applicant to ensure compliance, this does not involve an application to Council.

• If in doubt, it's advisable to engage a town planner for written planning advice to determine if the change qualifies under this provision.

Minor Change

A Minor Change is another avenue available to modify a development approval. This process is designed for relatively small alterations that don’t significantly impact the original approval. Here’s what you need to know:

• Minor Changes should not affect the development’s overall intent.

• They are typically used for minor design adjustments or clarifications.

• Involves a separate application where the council assesses the proposed changes.

• If the council approves the Minor Change, it does not trigger a new application process.

Other Changes

For more substantial modifications that don't fit the criteria of the above options, there's still hope. You can apply for an "Other Change" to your development approval. Keep these points in mind:

• Other Changes require a formal application to the council.

• They are necessary for alterations that don't fall within the scope of the previously mentioned categories.

• The council will assess the proposed changes and may require public notification.

• If approved, an Other Change may trigger a new application process with associated fees.

Planning and Environment Court

In some cases, especially when disagreements arise between the applicant and the council, or when significant changes are proposed, seeking resolution through the Planning and Environment Court may be necessary. Here's what you should know:

• The court provides a formal avenue to resolve disputes or challenges to council decisions.

• It involves legal proceedings and may require legal representation.

• Outcomes can vary, including approval, refusal, or modifications to the development approval.

• Court processes can be time-consuming and costly, so they should be a last resort.

Changing a development approval in Queensland after a council decision is possible through various avenues, depending on the nature and extent of the modifications. Whether you choose a Negotiated Decision Notice, Generally in Accordance provision, Minor Change, or an Other Change, it's crucial to understand the process and requirements associated with each option. Always seek professional town planning advice and guidance to navigate the Queensland planning system effectively.