1. LTR_P0041165_Minor Change_Royal Mail Hotel_V1

          a. for a development application—

          i. does not result in substantially different development; and

          ii. if the application, including the change, were made when the change is made—would not
          cause—

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

                B. referral to a referral agency if there were no referral agencies for the development
                application; or

                C. referral to extra referral agencies; 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

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

          b. for a development approval—

                i. would not result in 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 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

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

          (Our emphasis in bold)



5.1.1    Schedule 2 Assessment Criteria
In respect to part (b)(i) of the definition of Minor Change and what constitutes a substantially different
development, it is appropriate to have regard to the Development Assessment Rules, Schedule 1, which sets
out the substantially different development ‘test’. An assessment of the proposed changes against the
substantially different development criteria in the Development Assessment Rules is included in the table
below.

Table 3 – Response to Schedule 3 Assessment Criteria of substantially different development test


 Guideline Criteria                                           Proposal Response

 Involves a new use                                           The proposed minor change does not involve a
                                                              new land use.



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