Minor Change Request report 14.30 Hastings st · 51983.3225.24

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
Response: The change does 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
Response: No referral required for the development.



C.   referral to extra referral agencies, other than to the chief executive; or
Response: No referral agencies are applicable to the current development.


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
Response: The proposed change would not result in the chief executive having to consider matters additional
to those considered when the application was made.



E.    public notification if public notification was not required for the development application.
Response: The original application included public notification.



Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.


4. Deciding the Request
In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.
Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—
       (a) the statutory instrument or other document as in effect when the change
       application was made (Superseded Planning Scheme); or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.