HRP18103.L02.002_Change application · MCU16/0133.01

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       ‘Substantially different development’        Assessment of proposal
       test

       A change may be considered to result in a substantially different development if the proposed change:
                                                    The proposed changes will not result in a scale, bulk and appearance
                                                    that is significantly different from what was original approved and will
                                                    not result in altering any aspects of the development that may impact
                                                    the character of the local area.

(d) changes the ability of the proposed             The proposed changes will enable the development to operate as
    development to operate as intended; or          originally intended as discussed within Council during prelodgement
                                                    discussions for MCU16/0133 and OPW16/0247. The repurposing of
                                                    some areas for a combined production and entertainment uses will
                                                    still be within the intention of the existing development permit.

(e) removes a component that is integral to         The proposed changes will not remove a component that is integral
    the operation of the development; or            to the operation of the development.

(f)    significantly impacts on traffic flow and    The proposed changes are predominantly internal and will not
       the transport network, such as increasing    significantly impact on traffic flow and the transport network.
       traffic to the site; or                      Anecdotal evidence of the current operation indicates the business
                                                    rarely occupies all parking spaces within the development at a single
                                                    time. In the rare times where overflow parking is required, it is noted
                                                    that the proposed function activities only occur outside normal
                                                    business areas where there is sufficient on-street parking available
                                                    within the industry precinct.

(g) introduces new impacts or increase the          The proposed changes reflect existing operational arrangements and
    severity of known impacts; or                   will not introduce new impacts or increase the severity of known
                                                    impacts.

(h) removes an incentive or offset                  The proposed changes do not remove an incentive or offset
    component that would have balanced a            component that would have balanced a negative impact of the
    negative impact of the development; or          development.

(i)    impacts on infrastructure provisions.        The proposed changes do not impact on infrastructure provisions.

4.3.       Matters the responsible entity must have regard to in assessing the change

Section 81 of the Planning Act outlines the matters that a responsible entity must consider when assessing a
minor change. An assessment of these matters are included within Table 3 and are as follows:

Table 3:            Matters for assessment consideration

 Assessment Consideration                           Assessment of proposal

 (2)     When assessing the change application, the responsible entity must consider—

 (a)     the information the applicant included     This submission, including the attachments, is taken to be the
         with the application; and                  application that is to be considered by Council.

 (b)     if the responsible entity is the           The original application triggered impact assessment. Public
         assessment manager—any properly            notification was undertaken, however, Council did not receive any
         made submissions about the                 properly made submissions against the proposal.
         development application or another
         change application that was approved;
         and

 (c)     any pre-request response notice or         The application does not require assessment by a referral agency.
         response notice given in relation to the
         change application; and

 (d)     if the responsible entity is, under        The responsible entity is Council.
         section 78(3)(ba) or (bb), the
         Minister—all matters the Minister