Minor Change Application

     ii.      if a development application for the development, including the change, were
              made when the change application is made would not cause—

            Description / Provisions                  Comment / Response

            A. the   inclusion   of    prohibited No prohibited development is proposed.
               development in the application; or

            B. referral to a referral agency, other The original application triggered
               than to the chief executive, if there referral. No new referrals are triggered.
               were no referral agencies for the
               development application; or

            C. referral to extra referral agencies, No extra referrals are required.
               other than to the chief executive; or

            D. a referral agency to assess the No additional referral assessment
               application against, or have regard triggers/aspects are applicable.
               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 No change.
               notification was not required for
               the development application.


Based on the assessment set out above, the proposed changes are consistent with the
definition of a minor change in the Planning Act.

PLANNING SCHEME ASSESSMENT

Clause 81 of the Planning Act outlines what Council should consider when assessing minor
change applications. In this respect Clauses 81(4) and 81(5) read as follows:

           81 (4) “The responsible entity must consider the statutory instrument, or other
           document, as in effect when the development application for the development
           approval was properly made.

           81 (5) However, the responsible entity may give the weight the responsible entity
           considers is appropriate, in the circumstances, to—
                   (a)   the statutory instrument or other document as in effect when the
                         change application was made; or
                   (b)   if the statutory instrument or other document is amended or
                         replaced after the change application is made but before it is
                         decided—the amended or replacement instrument or document; or
                   (c)   another statutory instrument—