Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4

 Sunshine coast Regional Council                                                                      Emanate Legal
 Attention Michael Cantori                                                                             30 May 2011
 BGT.VG:BAK 101045:0525.01                                                                                   Page 3




 •       Result in a substantially different development; or

•        For an approval for assessable development that previously did not require impact
         assessment - require impact assessment; or

•        For an approval for assessable development that previously required impact
         assessment - be likely in the responsible entity's opinion, to cause a person to make
         a properly made submission objecting to the proposed change, if the circumstances
         allowed; or

•        Cause development to which the approval relates to include any prohibited
         development.

Section 759(1)(c)2 of SPA, states that the Minister may make guidelines about the matters
to be considered in deciding whether or not a change to a development approval would
result in a substantially different development.

Statutory Guideline 06/09: `Substantially Different Development when Changing
Applications and Approvals',3 provides guidelines as to what constitutes a substantially
different development when an applicant (Strand Gardens) or an assessment manager
(Council) is considering whether a change to inter a/ia an approval, would result in a
substantially different development, which includes circumstances where the proposed
change:

•       involves a new use with different or additional impacts

•       results in the application applying to a new parcel of land

•       dramatically changes the built form in terns of scale, bulk and appearance

        changes the ability of the proposal to operate as intended. For example, reducing the
        size of a retail complex may reduce the capacity of the complex to service the
        intended catchment

•       removes a component that is integral to the operation of the development

•       significantly impacts on traffic flow and the transport network, such as increasing
        traffic to the site


(c) for an approval for assessable development that previously required impact assessment-be likely, in the responsible
entity's opinion, to cause a person to make a properly made submission objecting to the proposed change, if the
circumstances allowed: or
(d) cause development to which the approval relates to include any prohibited development.
(2) For deciding whether a change is a permissible change under subsection (1)(b) or (d), the planning instruments or law in
force at the time the request for the change was made apply (the applicable law).
(3) Application of the applicable law does not stop a change mentioned in subsection (1)(b) from being a permissible change
only because the applicable law, if applied to the application as originally made, would require referral to any additional referral
agencies or involve impact assessment.
2 759 Minister may make guidelines
(1) The Minister may make guidelines about-
(c) the matters to be considered in deciding whether or not a change to a development application or a development approval
would result in a substantially different development; or
'Queensland Government: Department of Local Government and Planning (I I December 2009).