Change application_15-05-2019_Final Rev1 · 152006.1999.3

                     (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.

In this regard, the following comments are provided:-

         The proposed changes will not result in a substantially different development as the change only relates to
          the timeframe to complete the development. It does not change the nature of the development;

         If the application for the proposal were remade, including the change, the change does not involve:-

                 o   the inclusion of prohibited development. In any event the Explanatory Notes to the Planning Bill
                     2015 confirm that:
                        The clause does not prevent a change being made simply because a change to a planning
                        instrument or law would now require the development application as it was originally made to
                        include prohibited development….

                 o   referral to extra referral agencies; and

                 o   public notification, given that public notification was not required for the development application
                     as originally made. While the level of assessment under the current Noosa Plan 2006 would
                     require public notification, that differs to when the original application was made (being a
                     development application - superseded planning scheme that was subject to code assessment
                     under the superseded Noosa Plan), the proposed change only relates to the timeframe to
                     complete the development and does not trigger a change to the level of assessment. The
                     Explanatory Notes to the Planning Bill 2015 note that a change which is otherwise minor is not
                     excluded from being so merely because there has been a change to the legislation or a planning
                     instrument, which has the effect that the application as originally made would now require public
                     notification.




JFP Ref: M1775                                                                                                     Page 2