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Martoo Planning Statement
Attached to the e-mail Change to DA (Report, Decision Notice, PACT Form 5) MCU16/0143.01.
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.
The proposed changes to the development approval are considered to constitute a minor change as
detailed below.
(i) would not result in a substantially different development –
The proposed changes do not result in a substantially different development as the
changes do not:
involve a new use with additional impacts;
apply to a new parcel of land;
dramatically change the approved layout;
have significantly greater impacts on traffic flow;
introduce new impacts or increase the severity of known impacts; and/or
impact on infrastructure provision.
(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
The proposed changes do 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
(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
There were no referral agencies for the original application and there would be no
referral agencies if a development application including the change were remade now.
(E) public notification if public notification was not required for the development
application.
Public notification was required for the development application and would be required if
a development application including the change were remade now, therefore this
remains unchanged.
The proposed changes to the approved plans are considered to be defined as a minor change.
Assessing and Deciding Request for Change
Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider
when assessing and deciding applications for minor changes and it is reproduced below.
(2) When assessing the change application, the responsible entity must consider—
(a) the information the applicant included with the application; and
(b) if the responsible entity is the assessment manager and submissions were properly
made about the development application—the submissions; and
(c) any pre-request response notice or response notice given in relation to the change
application; and
(d) all matters the responsible entity would or may assess against or have regard to, if the
change application were a development application; and
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