Changes application for Council · 51987.2900.1

The applicant seeks to change the approved plans to the Proposed Layout Plans. It is not necessary to
amend any other conditions of the TPC1969 approval.

Planning Act 2016

Section 78 of the Planning Act 2016 allows for a change to an existing development approval. The
changes can either be either minor changes or other changes as provided for in sections 81 and 82 of
the Act. A minor change is defined as:

      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.

The proposed changes to the development approval meet the relevant tests for a minor change as
detailed below.

       (i) would not result in a substantially different development –

           The proposed changes do not result in a substantially different development as the
           changes do not:

                        involve a new use with additional impacts;
                        apply to a new parcel of land;
                        dramatically change the approved layout;
                        have significantly greater impacts on traffic flow;
                        introduce new impacts or increase the severity of known impacts; and/or
                        impact on infrastructure provision.

    (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

            The proposed changes do not include any prohibited development.

    (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

            There were no referral agencies for the original application and there would be no
            referral agencies if a development application including the change were remade now.

    (E) public notification if public notification was not required for the development application.

            Public notification was required for the original development application and would be
            required if a development application including the change were remade now, therefore
            this remains unchanged.