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[Letter] Minor Change Letter
Appendix B – Substantially Different Development.
DA Rules - Schedule 1
Substantially Different Development Test
1. An assessment manager or responsible entity may determine that the change is a minor
change to a development application or development approval, where – amongst other criteria
– a minor change is a change that would not result in ‘substantially different development’.
2. An assessment manager or responsible entity must determine if the proposed change would
result in substantially different development for a change—
a. made to a proposed development application the subject of a response given under
section 57(3) of the Act and a properly made application;
b. made to a development application in accordance with part 6;
c. made to a development approval after the appeal period.
3. In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the individual
circumstances of the development, in the context of the change proposed.
4. A change may be considered to result in a substantially different development if the proposed
change:
a) involves a new use; or The proposal does not involve a new use.
b) results in the application The proposed development does not require an application
applying to a new parcel of land; for a new parcel of land.
or
c) dramatically changes the built The proposed change will not dramatically increase in the
form in terms of scale, bulk and scale, bulk or appearance of the development.
appearance; or The proposal is replacing a rooftop structure that is lawfully
established. Considering the proposed retractable awning
has open sides and the area of roof is reduced on the rooftop
the minor increase in height is not considered to involve a
dramatic change to the appearance of the building.
d) changes the ability of the No change to the operation of the Multiple Dwelling will occur.
proposed development to
operate as intended; or
e) removes a component that is No integral components are removed.
integral to the operation of the
development; or
f) significantly impacts on traffic No change to traffic will occur.
flow and the transport network,
such as increasing traffic to the
site; or
g) introduces new impacts or The are no new impacts, including potential impacts to visual
increase the severity of known amenity, overshadowing or privacy as discussed in the detail
impacts; or within the assessment letter..
h) removes an incentive or offset There are no incentives or offsets removed as part of the
component that would have proposed minor change.
balanced a negative impact of
the development; or
i) impacts on infrastructure There will be no impact on the existing infrastructure.
provisions.
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