Planner's Report

3.0       ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016

3.1        Minor Change

      1. Further to the provisions of s78 (1) of the PA 2016, and in accordance with Schedule 2 of the PA 2016, it is
         recognised that a “minor change” is defined as follows:
                 minor change means a change that—
                 (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.

      2. With regard to the above, we consider that the proposed changes constitute a “minor change”. In this
         regard, the following comments are provided:

3.1.1        Assessment of Substantially Different Development

      3. As noted above, a minor change must not result in “substantially different development”. Schedule 1:
         Substantially different development of the Development Assessment Rules (Version 1.1 dated 11 August
         2017) provides guidance on determining if a proposed change to a development approval results in a
         substantially different development.

      4. Although it depends on the individual circumstances of the development, the Development Assessment
         Rules provides a list of changes that may result in substantially different development. These criteria are
         provided below, along with an assessment of how the proposal meets each requirement.

      a) The proposed changes do not involve a new use.

      5. Comment: The application is for reconfiguring a lot and does not involve a new use. The proposed
         reconfiguration layout reduces the approved development footprint. The proposed amended development
         is therefore not anticipated as having different or additional impacts to those which have previously been
         assessed and determined as appropriate.




JFP Ref: M1775                                                                                                    Page 15