Minor Change Letter

    As above


          3.   Subsections (4) and (5) apply if the responsible entity must, in assessing the change application under subsection
               (2)(d), (e) or (f) consider —
                    a.   A statutory instrument; or
                    b.   Another document applied, adopted or incorporated (with or without changes) in a statutory
                         instrument.
          4.   The responsible entity must consider the statutory instrument, or other document, as in effect when the
               development application for the development approval was properly made.
          5.   However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
               circumstances, to –
                    a.   The statutory instrument or other document as in effect when the change application was made; or
                    b.   If the statutory instrument or other document is amended or replaced after the change application is
                         made but before it is decided – the amended or replacement instrument or document; or
                    c.   Another statutory instrument –
                               i.   That comes into effect after the change application is made but before it is decided; and
                              ii.   That the responsible entity would have been required to consider if the instrument had been
                                    in effect when the development application for the development approval was properly
                                    made.

    Response to Subsections 3, 4 and 5
    The applicant has not identified any further statutory instruments or documents which would impact on Council’s
    assessment of the application. The applicant welcomes Council’s feedback in this regard and will provide any further
    information reasonably required and requested by Council to undertake its assessment.



6. Excluded Premises
In accordance with Schedule 2 of the Planning Act 2016, the applicant wishes to use the excluded premises provision in
lieu of providing owner’s consent.
It is understood that the proposed change to the subject site will not cause any effect to the rest of the development, and
since the development has been approved resulting in multiple owners, it is considered impracticable to be able to obtain
owner’s written consent of each lot owner. Notwithstanding, a list of all lots within the original application is provided in
Appendix B - PA Form 5.



7. Conclusion
In conclusion, the applicant advises:

▪      The proposed change to the current development approval meets the definition of a ‘minor change’ as set out in
       Schedule 2 of the Planning Act and Schedule 1 of the DA Rules.
▪      The proposal has been assessed against the relevant matters in Section 81(2) of the Planning Act, and based on the
       outcomes of this assessment, the proposed minor change is recommended for approval.




www.thereforgroup.com.au                              Minor Change Application (OPW) | 21-0694P/15
         6