planning report Surf Club Additions · 132004.4078.12

              A. the inclusion of prohibited development in the application; or

       Response: The change does not include any prohibited development.

              B. referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

       Response: No referral agencies were applicable to the original application.

              C. referral to extra referral agencies, other than to the chief executive; or

       Response: No referral agencies are applicable to the current development. The site is located
       outside of the Coastal Management District.

              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

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

              E. public notification if public notification was not required for the development
                 application.

       Response: The change does not require the application to be publicly notified.

Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

       (a) the statutory instrument or other document as in effect when the change application was
       made (Superseded Planning Scheme); or
       (b) if the statutory instrument or other document is amended or replaced after the change
       application is made but before it is decided—the amended or replacement instrument or
       document; or
       (c) another statutory instrument—
                (i) that comes into effect after the change application is made but before it is decided;
                and
                (ii) that the responsible entity would have been required to consider if the instrument
                had been in effect when the development application for the development approval
                was properly made.




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