PR132938_161208_FINAL- s369_PermissibleChangeRequest · 132008.1128

prohibited development.

Further to the above, Statutory Guideline 06/09 – Substantially different development when
changing applications and approvals provides guidance to assist in determining whether a
change may constitute substantially different development and whether a change is therefore a
minor change.

                             Substantially Different Development Test
Substantially Different includes:          Consideration of the proposed changes
Involves a new use with different or       The request to extend the relevant period of the approval
additional impacts                         will not result in any physical changes to the approval
                                           and therefore will not involve a new use with different or
                                           additional impacts.
Results in the application applying        The request to extend the relevant period of the approval
to a new parcel of land                    will not result in any physical changes to the approval
                                           and therefore will not result in the application applying to
                                           a new parcel of land.
Dramatically changes the built form        The request to extend the relevant period of the approval
in terms of scale, bulk and                will not result in any physical changes to the approval
appearance                                 and therefore will not dramatically change the built form
                                           in terms of scale, bulk and appearance.
Changes the ability of the proposal        The request to extend the relevant period of the approval
to operate as intended. For                will not result in any physical changes to the approval
example, reducing the size of a            and therefore will not change the ability of the proposal to
retail complex may reduce the              operate as intended.
capacity of the complex to service
the intended catchment
Removes a component that is                The request to extend the relevant period of the approval
integral to the operation of the           will not result in any physical changes to the approval
development                                and therefore does not involve removing a component of
                                           the development that is integral to the operation.
Significantly impacts on traffic flow      The request to extend the relevant period of the approval
and the transport network, such as         will not result in any physical changes to the approval
increasing traffic to the site             and therefore will not significantly impact on traffic flow
                                           and the transport network.
Introduces new impacts or                  The request to extend the relevant period of the approval
increases the severity of known            will not result in any physical changes to the approval
impacts                                    and therefore will not introduce new impacts or increase
                                           the severity of known impacts.
Removes an incentive or offset             The request to extend the relevant period of the approval
component that would have                  will not result in any physical changes to the approval
balanced a negative impact of the          and therefore will not remove an incentive or offset
development                                component of the original application.
Impacts on infrastructure provision,       The request to extend the relevant period of the approval
location or demand                         will not result in any impacts on infrastructure provision,
                                           location or demand.

In summary, the proposed change to the development approval is considered a Permissible
Change in accordance with the relevant tests under Section 367 of the Act.


7.0 Relevant Entities
In accordance with Section 372 of the Act, a copy of this request will be given to the concurrence


PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                  Page 9