Cover Letter_Precinct F_CDA_FINAL · 132005.1133.7

          minor change means a change that—
          (b)    for a development approval—
                 (i)      would not result in 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 to assess the application against, or have regard 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 notification was not required for the development
                                  application.

With regard to the above, we can confirm that the proposed changes constitute a “minor change”. In this regard,
the following comments are provided:-

      The proposed changes will not result in a substantially different development (refer Section 3.1 below for
       further discussion).
     If the application for the proposal were remade including the change, it would not:
            o Facilitate the introduction of prohibited forms of development ;
            o Require referral to additional referral agencies. We note that the original application was
                 referred to the Department of Natural Resources and Mines for matters pertaining to Acid Sulfate
                 Soils (Advice) and Clearing of Vegetation (Concurrence);
            o Vary the level of assessment, recognising that the original application was subject to impact
                 assessment.
On the basis of the above, we contend that this application meets the definition of a minor change.

3.1 Assessment of Substantially Different Development

Schedule 1: Substantially different development of the Development Assessment Rules (Version 1.1 dated 11
August 2017) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.

Although it depends on the individual circumstances of the development, the Development Assessment Rules
provides a list of changes that may result in substantially different development. These criteria are provided
below, along with an assessment of how the proposal meets each requirement.

     1. The proposed changes do not involve a new use.

          Comment: The overall development is retained as an integrated multiple dwelling development, now
          comprising 137 dwelling units together with minor ancillary activities including a shop, café/restaurant




JFP Ref: M2652/F                                                                                               Page 12