Minor Change Request report 2022 · 51980.2682.01

Background

On 20 June 1980, Council approved a shopping centre development including shops and
offices (TPL21).

On 18 March 2021, Council approved the redevelopment of the site for a new Development
Permit for Food and Drink Outlet, Office and Shops.

Unfortunately the increase in materials over the past 12 to 18 months has had a huge
impact on the cost of building and the pricing from the tenderers was between 35% and
55% above the Quantity Surveyor estimates. As a result, the owner could not make the
redevelopment viable to proceed.

Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:

      i. would not result in a substantially different development*;
             (*In determining whether the proposed change would result in substantially
             different development, the assessment manager or referral agency must
             consider the individual circumstances of the development, in the context of
             the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.
Table 1 - Substantially different development
 Provisions of Schedule 1 of the DA Rules Response
      (a) Involves a new use                      There is no new use proposed onsite
      (b) results in the application applying to No new parcels of land is introduced
          a new parcel of land; or
      (c) dramatically changes the built form in The built form generally remains
          terms of scale, bulk and appearance; unchanged apart from cosmetic changes
          or                                     and upgrading accessibility. This minor
                                                 change does not dramatically change the
                                                 scale, bulk or appearance.

      (d) changes the ability of the proposed     There is no change proposed to the
          development to operate as               operation of the commercial building.
          intended; or
      (e) removes a component that is             The development remains a commercial
          integral to the operation of the        building.
          development; or
      (f) significantly impacts on traffic flow   There are no changes to the tenancy
           and the transport network, such as     sizes and the existing carparking is
           increasing traffic to the site; or     provided     byway    of    the  original
                                                  contribution and onsite parking.