Minor Change - Planning Report

The Sea Pen presents an improved visual and amenity outcome in comparison to the approved pneumatic
boat storage device (OPW16/0011) pictured in Figure 5 above.



5.2 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral agency
                 must have assessed the application against, or had regard to, when the application was
                 made; or

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

In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development Assessment
Rules, is provided in Table 1 below:


Table 1: Substantially Different Development Guideline

         ‘Substantially different’
                                                                            Comment
              development
 Involves a new use                            No new uses are proposed.
 Results in the application applying           No new land is applied over as part of this change
 to a new parcel of land
                                               application.
 Dramatically changes the built form           As demonstrated within the Proposed Plan included within
 in terms of scale, bulk, and
                                               Appendix A the proposed Sea Pen presents an improved
 appearance
                                               visual and amenity outcome in comparison to the approved
                                               pneumatic boat storage device (OPW16/0011).
 Changes the ability of the proposal to        The redesign does not alter the use as intended.
 operate as intended
 Removes a component that is integral          The proposed minor change will not alter the operation of the
 to the operation of the development
                                               development.




RG Strategic                           Town Planning Report – OPW Application                          10