7190526 Ozcare Noosa Minor Change Application · 132001.210127.4

4.0            Minor Change Assessment
An assessment of the proposal against the relevant planning legislation below demonstrates that the proposal
constitutes a minor change.

4.1          Planning Act 2016
Schedule 2 of the Act provides criteria for determining whether a change is a minor change. The criteria and
comments are included in Table 5 below.
Table 4        Minor Change Under the Planning Act 2016

  Criteria                                      Comment

  Minor change means a change that -
  a)   for a development approval -

 i.    would not result in substantially        The proposed changes do not result in substantially different development.
       different development; and               The uses and key development statistics have not substantially changed. Refer
                                                to Table 6 below.

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              The proposed changes do not involve the inclusion of prohibited development.
       development in the application; or

  B.   referral to a referral agency if there   The proposed changes do not result in referrals to additional referral agencies.
       were no referral agencies for the
       development application.

  C.   referral to extra referral agencies,
       other than the chief executive.

  D.   a referral agency, in assessing the
       application under section 55(2), to
       assess the application against, or
       have regard to, a matter, other
       than a matter the referral agency
       must have assessed the
       application against, or had regard
       to, when the application was
       made; or

  E.   public notification if public            The proposed changes do not alter the category of assessment.
       notification was not required for
       the development application

Source: Planning Act 2016


4.2          Development Assessment Rules
Table 6 below identifies the criteria for ‘substantially different development’ as defined in Schedule 1 of the
Development Assessment Rules (DA Rules), pursuant to section 68 of the Act.
Table 5        Substantially Different Development Under the DA Rules

  Criteria                                      Comment

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

  a)   involves a new use; or                   The proposed change does not involve a new use.

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




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