Change to Approval Report · 51987.44.02

          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.

24.   In response to the above, it is submitted that the proposed changes
      would not:
            a. result in substantially different development for the reasoning
               outlined below;
            b. include prohibited development;
            c. require the application to be referred to any referral agencies;
               and
            d. cause the need for public notification because the former
               ‘other change’ was impact assessable and the proposal, if
               remade, would be code assessable.

25.   Further to the above, Schedule 1 of the DA Rules provide the following
      guideline with regard to substantially different development:

      In determining whether the proposed change would result in
      substantially different development, the assessment manager or referral
      agency must consider the individual circumstances of the development,
      in the context of the change proposed.

      A change may be considered to result in a substantially different
      development if the proposed change:
      a) involves a new use; or
      b) results in the application applying to a new parcel of land; or
      c) dramatically changes the built form in terms of scale, bulk and
         appearance; or
      d) changes the ability of the proposed development to operate as
         intended; or
      e) removes a component that is integral to the operation of the
         development; or
      f) significantly impacts on traffic flow and the transport network, such
         as increasing traffic to the site; or
      g) introduces new impacts or increase the severity of known impacts;
         or (h) removes an incentive or offset component that would have
         balanced a negative impact of the development; or
      h) impacts on infrastructure provisions.