Change application_15-05-2019_Final Rev1 · 152006.1999.3

Pursuant to section 81(4) of the PA2016, Council may also give the weight it considers appropriate to the statutory
instruments and documents that applied when or after the change application was made.

In this regard, we note the applicant’s position that the approved development is generally consistent with current
laws and policies and the existing approval conditions give effect to the tenor of current laws and policies.


  (e) another matter that the responsible entity considers relevant.


JFP comment

The applicants submit that the following other relevant matters warrant approval of the minor change application:

         the proposed change solely relates to a request to extend the time to complete the development and does
          not result in any different development. The existing approval includes comprehensive conditions which
          are generally consistent with current laws and policies;

         the applicants have expended considerable money over time in obtaining the development approval and
          unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to carry out the approved
          development;

         the land was originally identified as generally suitable for the type of development proposed. As part of
          that approval, it was required to provide a not insignificant contribution of public benefit with respect to
          the road network, for which no compensation was payable. Properly understood, the approved
          development (including conditions of approval) the subject of the minor change application is generally
          consistent with earlier development proposals;

         the land is currently designated in the Rural zone, but has no utility for sustainable rural uses;

         the land immediately adjoins areas designated for Rural Residential and Detached Dwellings, and is in close
          proximity to areas designated for Industry and Shire Business Centre. The Planning Scheme designates
          other land outside the Urban Growth Boundary for similar types of development, given that no areas of
          Rural Settlement are shown within the Urban Growth Boundary mapping on ZM9;

         the current development permit is still valid while it is the subject of the Planning and Environment
          Appeals. This minor change application is necessary to ensure the validity of the permit in respect to the
          sunset clause. This change application ought to be approved to ensure that the approval does not lapse
          due to the operation of the sunset clause, particularly in circumstances where the appeals to the Planning
          and Environment Court are not yet resolved.

In the circumstances, it is considered that the proposed extension of time is appropriate and that the proposed
change to Condition 5 ought to be approved.




JFP Ref: M1775                                                                                                  Page 4