HRP18103.L02.002_Change application · MCU16/0133.01

                                                               7




 Minor change element                                Assessment of proposal

 (b)(ii)(C)   referral to extra referral agencies,   A review of the Planning Regulation 2017 shows that if the
              other than to the chief executive;     development were to be remade including the changes the
              or                                     application would not require referral to any entity.

 (b)(ii)(D)   a referral agency to assess the        A review of the Planning Regulation 2017 shows that if the
              application against, or have           development were to be remade including the changes the
              regard to, matters prescribed by       application would not require referral to any entity.
              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

 (b)(ii)(E)   public notification if public          The original application required public notification.
              notification was not required for
              the development application.

On the basis of the above, the proposed change is determined to be a minor change.

4.2.       Substantially different development test

Pursuant to section 68(2)(e) of the Planning Act, the Minister has made Development assessment rules
(Version 1.1) dated 11 August 2017 (DA Rules) concerning the test for a "substantially different
development", which are in effect pursuant to section 68(4) of the Planning Act and Section 44 of the
Planning Regulation 2017.

Schedule 1, Section 2 of the DA Rules identifies that a responsible entity must determine if the proposed
change would result in a substantially different development for a change made to a development approval
after the appeal period. Schedule 1, Section 4 of the DA Rules provides a list of changes that may result in a
substantially different development. An assessment against the substantially different development criteria is
provided in Table 2 below.

Table 2:           Response to ‘substantially different development’ test

       ‘Substantially different development’         Assessment of proposal
       test

       A change may be considered to result in a substantially different development if the proposed change:

(a) involves a new use; or                           The proposed changes relate only to enabling an approved land use
                                                     to operate within the curtilage of an existing approved and
                                                     constructed building, as well as an inclusion for additional floor area
                                                     to enable an ancillary children’s play and supervision area.
                                                     The existing development permit is for Industrial Business Type 2
                                                     and Entertainment and Dining Business Type 1.
                                                     The proposed changes utilise the existing approved land uses and do
                                                     not introduce a new land use to the site.

(b) results in the application applying to a         The proposed changes do not result in the application applying to a
    new parcel of land; or                           new parcel of land.

(c) dramatically changes the built form in           The proposed change enables the use of an internal room within the
    terms of scale, bulk and appearance; or          building to be used for both production and entertainment uses. The
                                                     co-locating of these uses will not affect the built form of the approved
                                                     development.
                                                     The use of the outdoor area for the purposes of a children’s play and
                                                     supervision area will only require the installation of fences and the
                                                     inclusion of translucent roofing over an existing pergola. The change
                                                     will not involve the erection of walls or additional shade structures.