Attachment 2 - Letter from Thomson Geer · 132007.12.8

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2.6   A more detailed analysis of the proposed changes to the current development approval are
      contained in the town planning report that you have prepared and that we understand will be
      provided to the Council. This report also notes certain consequential amendments that are
      required to other conditions of approval to reflect the revised plans and revised version of
      Condition 12, noted above.

3     Appropriate Entity for Lodgement of Change Application

3.1   On 3 July 2017 the former Sustainable Planning Act 2009 was repealed and a new piece of
      legislation, the Planning Act 2016 (Planning Act), came into effect in its place. Consequently, all
      future development applications and changes proposed for the land are governed by the Planning
      Act.

3.2   Under the terms of the Planning Act any change application for the Noosaville Medical and
      Professional Centre must be lodged with the Council. We say this because:

      (a)     The original development approval was granted by the Council and not the Court (see
              sections 78(3)(b)(ii) and 78(3)(c) Planning Act). Whilst the current version of the
              development approval takes the form of a Court Order, the approval itself was granted by
              the Council in 2008. Subsequent changes to that approval (like the 2017 Court Order) do
              not represent the "development approval" for the purposes of this test; and

      (b)     In any event, as no submissions were lodged during the public notification of the
              development application, the change application cannot be lodged with the Court and
              must be lodged with the Council (section 78(3)(b)(iii) and 78(3)(c) Planning Act).

4     Change Applications

4.1   A change application lodged with the Council pursuant to the terms of the Planning Act can
      proceed through one of two assessment processes, being:

      (a)     If the change application represents a "minor change" to the current development
              approval then it proceeds through a relatively streamlined assessment and determination
              process by the Council (see section 81 Planning Act);

      (b)     If the change does not represent a "minor change", it proceeds through a lengthier
              assessment process that is more akin to the assessment process for a complete
              development application (see section 82 Planning Act).

4.2   In either case, the Council's decision with respect to that change application can be appealed to
      the Planning and Environment Court (see section 229 and Schedule 1 Planning Act).

4.3   The question therefore arises as to whether the proposal plans and the related amendments to
      Condition 12 represent a "minor change" to the current development approval.

5     "Minor Change"

5.1   The phrase "minor change" is defined in Schedule 2 of the Planning Act. There are a number of
      tests that apply, all of which are addressed in the town planning report that you have prepared.
      There seems to be little doubt or controversy with respect to the majority of those tests, which are
      set out in clear and objective terms and are met by the changes the subject of this advice (e.g.
      the fact that the changes do not introduce prohibited development, that the changes do not trigger
      additional referral agencies).

5.2   The only subjective element of the "minor change" test is whether the changes would "result in a
      substantially different development". That test is considered in greater detail below.




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