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Cover Letter
3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is compliant with State Planning Policies.
4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:
b) for a development approval, is a change to the approval that —
(i) would not result in a substantially different development; and
(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 development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(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 notification was not required for the development
application.
The proposed changes are considered to constitute a minor change as per the Planning Act as
detailed below:
The proposed changes to the use will not result in substantially different development as
detailed in 4.1 below;
If the application including the proposed changes were remade it would not:
- Include prohibited development
- Require referral to any referral agencies or additional referral agencies as no
referral agencies are triggered by the use or site location
- Require referral to extra referral agencies as no referral agencies are triggered
by the use or the site location
- No referral agencies triggered
- Public notification was carried out as part of original development application.
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