Cover Letter_Precinct E2_CDA_07-11-2018 · MCU15/0109.03

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.

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.




JFP Ref: M2652/E2                                                                                                 Page 7