Cover Letter_Precinct E2_CDA_FINAL

Condition 65
As per our representations on the equivalent condition for the Precinct F approval (Ref: 132005.1133.7), and in
light of the proposed changes detailed above, it is respectfully requested that this condition be deleted.

65.       The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no structures or
          swimming pools are to be located in these areas. No access is to be provided from the rear of these
          Blocks to Resort Drive

3.0       ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016

Further to the provisions of s78(1) of the PA2016, and in accordance with Schedule 2 of the PA2016, it is
recognised that a “minor change” is defined as follows:-

          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 new additional referral agencies;
            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.




JFP Ref: M2652/E2                                                                                             Page 4