Council archive · source document
131001 Minor Change Request · 132006.268.03
Attached to the e-mail Pre-Request for Minor Change to MCU - 132006.268.03.
Minor Change under Section 78
The proposed changes to the original Development Permit and associated conditions, comply with the
definition of a "minor change" as defined by PA. Section 80(3) permits an affected entity to consider a change
to an approval where the change is a "minor change" and provide a pre-request response notice. The definition
of "minor change" is as follows:
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 to assess the application against, or have regard to,
matters prescribed by regulation under section 55(2), other than matter
the referral agency must have assessed the application against, or have
had regard to, when the application was made; or
(E) Public notification if public notification was not required for the
development application.
In relation to the above definition, we make the following comments:
• The proposed changes would not result in a substantially different development;
• The proposed changes would not require any additional referrals to SARA;
• The original application was Impact Assessable, yet the nature of the proposed changes would
not, in our opinion, cause a person to make a properly made submission objecting to the
proposed changes given that the proposed changes are within the scale of the original approved
decision ref: 318 of 2008.
• The proposed changes do not involve prohibited development.
For these reasons outlined above, it is considered that the proposed changes constitute a Minor Change to the
approved development and as such, we respectfully request a response from Council regarding the following
proposed amendments.
AMENDMENT 1
The owner of the site is looking to slightly modify the current freight arrangements for the business operating on
the site. In order to meet the requirements of a supplier, additional B double vehicles are proposed to access the
premises. Currently the number of vehicles is restricted by condition 5C as per the judgement ref: 4884 of 2014.
Please refer to below.
5C. Trucks attending the site must not exceed a total of 8 trucks per day and must not include B-Doubles.
The current owner wishes to alter this condition to allow up to 14 trucks per day and for them to include B-
Doubles. We are of the opinion that this additional demand should be supported by Council as it is not
substantially different to what was originally approved as per judgement ref: 318 of 2008. The original judgement
included the conditions as shown below.
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