Cover Letter_Precinct E2_CDA_FINAL

                    (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.

     1. The proposed changes do not involve a new use.

          Comment: The overall development is retained as an integrated multiple dwelling development, now
          comprising 29 dwelling units. There are no new uses proposed that would create different or additional
          impacts.

          The proposed amended development is therefore not anticipated as having different or additional
          impacts to that which has previously assessed and determined as appropriate.

     2. The proposed changes do not result in the application applying to a new parcel of land.




JFP Ref: M2652/E2                                                                                                Page 10