Community planning services in Glenelg Shire Council : 1998-2005 ...
Community planning services in Glenelg Shire Council : 1998-2005 ...
Community planning services in Glenelg Shire Council : 1998-2005 ...
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Did the council comply with key legislative, <strong>plann<strong>in</strong>g</strong> scheme and other requirements? 69<br />
3.5.7 Amendment to approved <strong>plann<strong>in</strong>g</strong> permits<br />
Dur<strong>in</strong>g the period covered by the audit, the Act provided for the council to<br />
amend a <strong>plann<strong>in</strong>g</strong> permit it has issued <strong>in</strong> the follow<strong>in</strong>g situations:<br />
to correct a clerical mistake or omission<br />
to correct a miscalculation or a mistake <strong>in</strong> any description of a person,<br />
th<strong>in</strong>g or property <strong>in</strong>cluded <strong>in</strong> the permit<br />
when the owner requests m<strong>in</strong>or changes28 .<br />
In approv<strong>in</strong>g amendments to permits, the council is restricted to changes<br />
that do not adversely impact on other <strong>in</strong>terests. The Act sets out tests that<br />
the council must consider <strong>in</strong> mak<strong>in</strong>g a decision to approve any<br />
amendment.<br />
Amendments to permits should:<br />
not change the effect of any condition required by VCAT<br />
not adversely affect the <strong>in</strong>terests of a referral authority (unless it is<br />
acceptable to the relevant referral authority)<br />
be consistent with the <strong>plann<strong>in</strong>g</strong> scheme apply<strong>in</strong>g to the land<br />
not cause an <strong>in</strong>crease <strong>in</strong> detriment to any person<br />
not change the use for which the permit was issued.<br />
Where the amendment to the permit fails to achieve the above<br />
requirements, the applicant needs to seek a new permit. If the council is <strong>in</strong><br />
doubt as to whether a proposed amendment is m<strong>in</strong>or, the matter can be<br />
referred to VCAT for a decision.<br />
F<strong>in</strong>d<strong>in</strong>gs of our review<br />
Our file review identified 5 <strong>in</strong>stances where the council amended <strong>plann<strong>in</strong>g</strong><br />
permits for changes that were likely to have more than a m<strong>in</strong>or impact on<br />
the proposal. In these cases, there was no evidence on file of the council<br />
hav<strong>in</strong>g assessed whether the amendment was permitted under the Act or<br />
considered whether the applicant should have applied for a new permit.<br />
Amendment of approved permit: Case study 10<br />
The follow<strong>in</strong>g case study illustrates the amendment of a permit without<br />
due consideration of the legal requirement to assess the impact of the<br />
change on relevant persons.<br />
28 From 23 May <strong>2005</strong>, the Act was amended to formalise procedures for process<strong>in</strong>g amendments to<br />
<strong>plann<strong>in</strong>g</strong> permits.