210093 - Change Application

           (A) The inclusion of prohibited development in the application – The proposed changes to
                the existing approval would not result in the inclusion of prohibited development.

           (B) Referral to a referral agency, other than to the chief executive, if there were no referral
                agencies for the development application – It is unknown whether the existing approval
                required referral to a referral agency. However, it is noted that the proposed changes to the
                existing approval would not result in a requirement for any referrals to a referral agency,
                other than to the chief executive, if there were not referral agencies for the development
                application.

           (C) Referral to extra referral agencies, other than the chief executive – The proposed
                changes to the existing approval would not result in the development triggering referral to
                any additional referral agencies.

           (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 – The proposed changes would not require a referral agency to
                have to assess the application against any additional matters.

           (E) Public notification if public notification was not required for the development
                application – It is unknown whether the application required Public Notification as the
                approval documents make no reference to Public Notification and the historical Planning
                Scheme that was in force at the time of the application assessment is not available on
                Council’s website. It is noted that there were objectors to the development application;
                however, it is considered that the proposed changes would not change the level of
                assessment of the application and, therefore, would not require public notification if public
                notification was not required for the development application.

Given the above assessment, it is considered that the proposed changes meet the assessment
benchmark for a minor change to a development approval as defined in the Act.

Referrals

It is unknown whether the application required referral any referral agencies as there is no mention
within the approval documents of such. Notwithstanding, a review of the proposed building works has
been undertaken against Schedule 10 of the Planning Regulation 2017 (the Regulation). It is noted that
the proposed building works would not trigger referral under the Coastal Management District
provisions as the works do not involve operational works, reconfiguration of a lot or a material change
of use. The subject site also adjoins a Queensland Heritage Place; however, building work on a site
adjoining a Queensland Heritage Place does not trigger referral under Schedule 10 of the Regulation.
As such, it is considered that there are no affected entities for the application under Section 80 of the
Act.




       210093 | Change Application – Minor Change to Existing Approval                                    5