Eduardo's Minor Change - Planning Report

5.3 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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, 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.

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:




Table 2 - Substantially Different Development Guideline

       ‘Substantially different’
                                                                        Comment
            development
 Involves a new use                          The original approval included restaurants and this
                                             application only seeks to add another restaurant (Food
                                             and drink outlet) to the development. Therefore, the
                                             application does not involve a new use onsite.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.
 Dramatically changes the built              No built form modifications are proposed.
 form in terms of scale, bulk, and
 appearance
 Changes the ability of the proposal         The Food and drink outlet supports the variety of uses
 to operate as intended
                                             onsite and does not inhibit the operation of any of the
                                             other tenancies.




RG Strategic                         Planning Report – Minor Change Application                      10