Request to Change Existing Approval · MCU22/0140.01

3.0         COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA 2016)

Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which contains a series of criteria
to determine what constitutes a ‘minor change’ to an approval detailed 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 matters 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.

An assessment of the proposed change with reference to the above criteria is provided as follows:

      (i)       (The change) would not result in a substantially different development

When determining what constitutes a substantially different development, Schedule 1: Substantially Different
Development of the Development Assessment Rules. Schedule 1 provides a list of criteria that may constitute
a substantially different development as follows:

      ➢     Involves a new use; or
      ➢     Results in the application applying to a new parcel of land; or
      ➢     Dramatically changes the built form in terms of scale, bulk and appearance; or
      ➢     Changes the ability of the proposed development to operate as intended; or
      ➢     Removes a component that is integral to the operation of the development; or
      ➢     Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site;
            or
      ➢     Introduces new impacts or increase the severity of known impacts; or
      ➢     Removes an incentive or offset component that would have balanced a negative impact of the
            development; or
      ➢     Impacts on infrastructure provisions.

An assessment is provided as follows:

Involves a new use

The ‘proposed change’ will not alter the approved use of the site and will not impact upon the approved
development’s ability to operate as intended.

Results in the application applying to a new parcel of land

The ‘proposed change’ does not involve a new parcel of land.

Dramatically changes the built form in terms of scale, bulk and appearance

Whilst the ‘proposed change’ will result in changes to the built form in terms of scale, bulk and appearance,
these changes are not considered ‘dramatic’.

Changes the ability of the proposed development to operate as intended