SARA_Information response

benchmarks in a categorising instrument for the development in effect
when the change application is made.

The local categorising instrument for the assessment is the Noosa Plan
2020 because that is the local categorising instrument in force when the
Change Application was made. Further, we note that the assessment of
the Change Application must also be against the State Development
Assessment Provisions (“SDAP”), including State Code 25.

Having said that, the exercise to be undertaken in carrying out the
assessment is different to a normal development application given the
effect of the words “in the context of the development approval" found in
section 82 of the Planning Act 2016.

The Court, in Catterall & Ors v Moreton Bay Regional Council & Anor
[2020] QPEC 52, has said the following about the phrase “in the context
of the development approval":

“The purpose of this phrase is to make clear that the assessment
and decision making process occurs in the context that the
application is one to change an existing development approval, as
distinct from a fresh development application. In practical terms,
this means the assessment and decision making process for a
change application under s 82 of the PA is founded upon, but not
limited to:

(a) an identification of the change/s proposed to the
development approval;

(b) an identification of the planning issues, be they positive or
negative, arising for consideration as a consequence of the
change/s proposed to the development approval; and

(c) an assessment of the planning issues arising as a
consequence of the change/s to the development approval,
having regard to the requirements of “relevant provisions’,
and assessment benchmarks, to the extent they are
relevant.”

What the above means is that the Development Approval represents a
starting point. In carrying out the assessment, the assessment manager is
required to filter out certain aspects of that assessment against the
background of the Development Approval.

By way of example, in the present circumstances, there is no proposal to

increase the height of the built form of the development. In those
circumstances, it is impermissible for the assessment manager to carry

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