L02 Permissible change to NC REV · 51994.1349.01

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4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to what
defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

        b) for a development approval, is a change to the approval that —
          (i) would not result in a 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, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral agency must
                 have assessed the application against, or had regard to, when the application was made; or
                 (E) public notification if public notification was not required for the development application.

The proposed changes are considered to constitute a minor change as per the Planning Act as detailed
below:

             The proposed changes to the use will not result in substantially different development as
                detailed in 4.1 below
             If the application including the proposed changes were remade it would not:
                     - Include prohibited development
                     - Require referral to any referral agencies or additional referral agencies
                     - Do not vary the level of assessment

4.1. Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determing whether a proposed change to a
development approval results in substantially different development. The proposed changes have been
reviewed against this criteria with the changes not considered to be a substantially different development
as detailed below:

                     (a) involves a new use;

                      No new use proposed. Servery relates to operation of restaurant.

                     (b) results in the application applying to a new parcel of land;

                      No new parcel of land to be utilised.

                     (c) dramatically changes the built form in terms of scale, bulk and appearance;

                      No dramatic changes to the built form. Change relates to the installation of a new servery
                      and internal fit out at ground level.

                     (d) changes the ability of the proposed development to operate as intended;

                      No changes in the ability of the proposed development to operate as intended. Existing
                      restaurant and access retained.

                     (e) removes a component that is integral to the operation of the development;

                      Does not remove a component that is integral to the operation of the development.

                     (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                       to the site;

                      Does not significantly impact on traffic flow and the transport network. Existing restaurant
                      currently sells takeaway food and the servery allows for a more efficient pick up location.