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L01 To NC -lodge MCA · 51983.3225.16
b) for a development approval, is a change to the approval that —
(i) would not result in a 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, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
The proposed changes are considered to constitute a minor change under the Act for reasons which
include the following:
The proposed changes to the use will not result in substantially different development as
detailed in 4.1 below.
If the application including the proposed changes were remade it would not:
o include prohibited development;
o require referral to any referral agencies or additional referral agencies as no referral
agencies are triggered by the use or site location
o require referral to extra referral agencies as no referral agencies are triggered by the
use or the site location
o no referral agencies triggered
o public notification was carried out as part of original development application.
4.1. Assessment of Substantially Different Development
The State wide Development Assessment Rules provide guidance on determining whether a
proposed change to a development approval results in substantially different development on the
site. The proposed changes have been reviewed against this criteria and the proposed changes are
not considered to be a substantially different development for ground which include those identified
below:
(a) involves a new use;
No new uses are proposed as part of this change application as the changes relates to
changes to the design of the existing detached dwelling on the site.
(b) results in the application applying to a new parcel of land;
No new parcel of land is to be utilized.
(c) dramatically changes the built form in terms of scale, bulk and appearance;
Considered in context with the entire development over the site, the proposed changes to the
site are relatively minor with the design utilizing the existing narrow form of development on
the site and maintains the overall character of the site.
(d) changes the ability of the proposed development to operate as intended;
The proposed changes do not affect the operation of the dwelling on the site or the premises.
(e) removes a component that is integral to the operation of the development;
The proposed changes do not remove a component that is integral to the operation of the
development on the site.
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