RPT_P0041116_Other Change - 7 Noosa Parade_V1_260511 · MCU25/0053.01

                                                         An assessment of the proposal against the State
                                                         Assessment criteria for the relevant referral agency
                                                         role is included in Appendix E. This assessment
                                                         revealed that the proposal does require a referral.




5.1 Other Change Assessment Provisions
Section 82 of the Act establishes how Other Changes to development approvals are to be assessed and
decided. Section 82(2)(a)(ii) specifies the following key provision for categorising, assessing, and deciding
Other Change applications:

         “82(2)(a)(ii):

         the change application were the original development application, with the changes included, but
         was made when the change application was made.”

As such, the Other Change application is to be categorised, assessed, and decided as though it were a new
development application with the changes to the included. The relevant statutory framework that the
application is to be categorised, assessed, and decided in accordance with is that which is in force at the
time the application is made (as opposed to the framework in force at the time of the original development
application).

As outlined in Section 7 below, a new development application for the approved development, with the
proposed changes included, is subject to Impact Assessment.

Section 82(4) of the Act effectively outlines the relevant assessment matters for assessing and deciding
Other Change applications:

         “82(4):

         … the following matters apply, only to the extent the matters are relevant to assessing and deciding
         the change application in the context of the development approval –

         (a) The assessment benchmarks;

         (b) Any matters a referral agency must, may, or may only assess the application against or have
             regard to under section 55(2);

         (c) …;

         (d) If the development to which the change application relates requires impact assessment – any
             matters the assessment must or may be carried out against or having regard to under section
             45(5)(a)(ii) or (b).”

On the basis of the above, the Other Change application is to be assessed in accordance with the procedures
relevant to standard development applications, in this case being Impact Assessment in accordance with
Section 45(5) of the Act.


5.2 Impact Assessment Provisions
As outlined in Section 6 below, a new development application for the approved development, with the
proposed changes included, is subject to Impact Assessment. Section 45 of the Act establishes how an
Impact Assessment is to be carried out, and is replicated below:

           “45(5):

           An impact assessment is an assessment that –

           1.     Must be carried out –

Other Change Application - 7 Noosa Parade                                               State Planning Framework   28