Minor Change Report- 185 Weyba

4.2 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’ develooment, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 2 below:

 

‘Substantially different’

development Comment

 

 

Involves a new use The existing non-conforming use is listed as a Caterer’s shop.
In the 1985 Planning Scheme a ‘Catering shop’ is defined as-
Any premises used or intended for use for the preparation
by cooking or otherwise of light refreshments, take-away
meals or bread, cakes or pastry and the supply of such
on sale to the public for consumption elsewhere or on the
premises.
It is clearly demonstrated from the existing non-conforming use
rights that exist for the property, that the baking of bread, cakes
or pastry which is being proposed clearly aligns with the definition
of the caterer's shop.
For this reason, the proposed use is not a new use and as such not
a substantially different development.

 

 

RG Strategic Planning Report — Minor Change Application 6