Minor Change Application Letter

    Table 4: Conditions

    Condition/s                       Requested amended condition

    Condition 14(d) –                 It is requested this condition is removed to allow for the transformer along the site frontage.
    Landscaping Works

    Condition 16 – Retention of       It is requested this condition is removed to allow for the removal of the trees along the site
    Existing Trees                    frontage. Sufficient replacement tree planting is provided along the site frontage.

    Condition 25 – Retention of       It is requested this condition be updated to reflect the Addendum to Stormwater
    Existing Trees                    Management Plan, which satisfies the requirements of Condition 25.


5        Assessment of Changes against Planning Act 2016
In accordance with section 78 of Planning Act, this request seeks a change application for a minor change for a
development approval. A minor change for a development approval is defined in Schedule 2 of the Planning Act –
Dictionary, meaning a change that –
(a) For a development approval –

             (i)        Would not result in substantially different development; and

             (ii)       if a development application for the development, including the change, were made when the change
                        application is made would not cause—

                        (A) the inclusion of prohibited development in the application; or

                        (B) referral to a referral agency, other than to the chief executive, if there were no referral agencies
                              for the development application; or

                        (C) referral to extra referral agencies, other than to the chief executive; or

                        (D) a referral agency to assess the application against, or have regard to, matters prescribed by
                              regulation under section 55(2), other than matters the referral agency must have assessed the
                              application against, or have had regard to, when the application was made; or

                        (E) public notification if public notification was not required for the development application.

With respect to the definition of a minor change, regard has been given to Schedule 1– Substantially different
development of the Development Assessment Rules (DA Rules). An assessment of the proposed changes against
Schedule 1(4) has been provided in Table 5.

    Table 5: Part (i) Does the change result in substantially different development

    Substantially Different Development Criteria      Applicant Response

    a)    involves a new use; or                      The proposal does not involve a new land use.

    b)    results in the application applying to a    The proposed change will not result in the development application applying
          new parcel of land; or                      to a new parcel of land.

    c)    dramatically changes the built form in      The proposed minor change does not dramatically alter the approved built
          terms of scale, bulk and appearance; or     form in terms of scale, bulk and appearance.

    d)    changes the ability of the proposed         The proposed change is not considered to impact the ability of the proposed
          development to operate as intended; or      development to operate as intended.

    e)    removes a component that is integral to     The proposed change application does not seek to remove any components
          the operation of the development; or        which are considered integral to the operation of the approved use.