L01 to NSC -lodge CA

Figure 1: The Approved Plan for Parking in Common Property Under V Block showing proposed changes
to three carparking spaces.



Statutory Requirements

Minor change for an existing development approval is defined in the Planning Act 2016 as:

   ‘minor change means a change that—
   ….

   (b) 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, in assessing the application under section 55(2), to assess the application against,
              or have regard to, a matter, other than a matter the referral agency must have assessed the
              application against, or had regard to, when the application was made; or
          (E) public notification if public notification was not required for the development application.’

“Substantially different development” is referenced in Schedule 1 of the State Development Assessment
Rules (”DA Rules”) includes any of the following:

   ‘4. A change may be considered to result in a substantially different development if any of the following apply to
       the proposed change:
       (a) involves a new use; or
       (b) results in the application applying to a new parcel of land; or
       (c) dramatically changes the built form in terms of scale, bulk and appearance; or
       (d) changes the ability of the proposed development to operate as intended;27 or
       (e) removes a component that is integral to the operation of the development; or
       (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or
       (g) introduces new impacts or increase the severity of known impacts; or
       (h) removes an incentive or offset component that would have balanced a negative impact of the
               development; or
       (i)   impacts on infrastructure provisions.’