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Martoo Planning Statement Minor Change
MINOR CHANGE
Section 78 of the Planning Act 2016 describes that a changes application can either be either ‘minor
changes’ or ‘other changes’. The proposed changes to the development approval constitute a minor change
as detailed below.
minor change means a change that—
(b) for a development approval—
(i) would not result in a substantially different development –
The proposed changes do not alter the approved use of the site with the new buildings located in
an area approved for development.
(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
The proposed changes do not include any prohibited development.
(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
(E) 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
No concurrence agencies would be triggered by the proposal and the level of assessment has
not altered.
(F) public notification if public notification was not required for the development application.
No public notification required.
The amended design does not increase the number of units, or introduce any additional
impacts and is generally in keeping with the built form of the existing approval.
ASSESSING AND DECIDING A REQUEST
Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider when
assessing and deciding applications for minor changes including the following:
(2) When assessing the change application, the responsible entity must consider—
(a) the information the applicant included with the application; and
(b) if the responsible entity is the assessment manager and submissions were properly made
about the development application—the submissions; and
(c) any pre-request response notice or response notice given in relation to the change application;
and
(d) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application; and
(e) another matter that the responsible entity considers relevant.
(3) For subsection (2)(d), the responsible entity—
(a) must assess against, or have regard to, the matters that applied when the development
application was made; and
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