Cover Letter_05-07-2019 · 132005.1133.10

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 additional referral agencies. We note that the original application was referred
                   to the Department of Natural Resources and Mines for matters pertaining to Acid Sulfate Soils
                   (Advice) and Clearing of Vegetation (Concurrence);
               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.




JFP Ref: M2652/F                                                                                                 Page 6