Planning Statement (002)

4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —

          (i) would not result in a substantially different development; and
          (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
              (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, in assessing the application under section 55(2), to assess the
              application against, or have regard to, a matter, other than a matter the referral agency
              must have assessed the application against, or 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 are considered to constitute a minor change as per the Planning Act as
detailed below:

       The proposed changes to the use will not result in substantially different development as
          detailed in 4.1 below;

          If the application including the proposed changes were remade it would not:
                  - Include prohibited development
                  - Require referral to any referral agencies or additional referral agencies as no
                       referral agencies are triggered by the use or site location
                  - Require referral to extra referral agencies as no referral agencies are triggered
                       by the use or the site location
                  - No referral agencies triggered
                  - public notification carried out as part of original development application.

4.1       Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development as detailed below:

      (a) involves a new use;

      No new uses are proposed as part of the change application as the changes relate to the built
      form with regard to external appearance and as required by fire services.

      (b) results in the application applying to a new parcel of land;

          No new parcel of land to be utilised.

      (c) dramatically changes the built form in terms of scale, bulk and appearance;



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