M2915 - Notice of change_09082022

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                     b) Referral to a referral agency, other     Complies – The proposed change does not require the
                        than to the chief executive, if there    development to be referred to a referral agency nor
                        were no referral agencies for the        additional matters prescribed by a regulation under
                        development application; or              section 55(2).
                     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            Complies – The proposed amendment is minor in nature
                        notification was not required for the    and will not trigger the requirement for public
                        development application.                 notification.




Table 1 – ‘minor change’ criteria


The proposed change is also required to demonstrate that the development is not substantially different development, as
defined in Schedule 1 of the Development Assessment Rules, we provide an assessment below:

    Substantially Different Criteria                             Response
    A change may be considered to result in a substantially
    different development if the proposed change:
         a) involves a new use                                   Complies –The definition of what constitutes substantially
                                                                 different is not prescriptive and is a question of degree
                                                                 that requires consideration of the circumstances of the
                                                                 change. Therefore, the inclusion of a new use does not
                                                                 automatically mean a change results in substantially
                                                                 different development. In this instance, the changed
                                                                 development from multiple dwelling to dual occupancy
                                                                 remains a mixed use development with residential being
                                                                 located above ground and commercial at ground. The
                                                                 only amendment is the reduction of 1 unit, which triggers
                                                                 a change of use by definition, although we do not
                                                                 consider this to constitute substantially different
                                                                 development. The proposed use remains residential in
                                                                 nature and does not material effect the way the use was
                                                                 intended to operate.
        b) results in the application applying to a new parcel   Complies – the proposed change will not result in any
           of land; or                                           new parcels of land being included as part of the
                                                                 application




JFP Ref: M2915P                                                                                                  Page 3