Minor Change Request - 101558

Importantly, the proposed development does not involve any change to the approved land
use of the site. Rather, the proposal results in a reduction in the approved use area and is
therefore less intensive than the existing approval.

As the approved use will continue without modification and at a reduced scale, the
proposal will not generate additional land use impacts. Traffic generation, operational
characteristics, servicing requirements, and the broader planning context remain
consistent with the existing lawful use of the site.

Accordingly, the application should be assessed on the basis that the proposal constitutes
changes to works associated with an existing approved use, rather than a change to the
use itself, and therefore appropriately qualifies as a Minor Change.

An assessment of the proposed change against the Minor Change criteria contained in
Schedule 2 of the Planning Act 2016 is provided in Section 3.0 of this report.

3.0       COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA
          2016)

Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which
contains a series of criteria to determine what constitutes a ‘minor change’ to an approval
detailed 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.

An assessment of the proposed change with reference to the above criteria is provided as
follows:

          (i) (The change) would not result in a substantially different development

When determining what constitutes a substantially different development, Schedule 1:
Substantially Different Development of the Development Assessment Rules applies.
Schedule 1 provides a list of criteria that may constitute a substantially different
development as follows:

      ➢    Involves a new use; or
      ➢    Results in the application applying to a new parcel of land; or




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[email protected]                        Murray & Associates (QLD) Pty Ltd                              June 26