Ltr-231018-Minor Change Application-Peregian

        (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. (our emphasis)


Each of the proposed changes have been assessed against these criteria, as set out in the following
sections.

3.1.      SUBSTANTIALLY DIFFERENT DEVELOPMENT
In respect to part (b)(i) of the definition of Minor Change and what constitutes a substantially different
development, it is appropriate to have regard to the Development Assessment Rules, Schedule 1,
which sets out the substantially different development ‘test’. An assessment of the proposed changes
against the substantially different development criteria in the Development Assessment Rules is
included in the table below.
Table 1 - Substantially Different Development

 Guideline Criteria                           Response

 Involves a new use.                          The proposal does not involve the introduction of a new
                                              use. The original development approval granted
                                              approval for the whole of the premises to be utilised for
                                              the purpose of a Food and Drink Outlet and Office. The
                                              proposal involves only changes to the internal and
                                              external design.

 Results in the application applying to a     No new or additional parcels of land are being applied
 new parcel of land.                          over as part of this Minor Change application.

 Dramatically changes the built form in       Internal changes are isolated to amendments to the
 terms of scale, bulk and appearance.         configuration of the building through rearrangement of
                                              tenancy and service space.




Ltr-231018-Minor Change Application-Peregian                                                              8