Diamond St Minor Change - Planning Report

5.   Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

     •    The proposal can be defined as a Minor Change to Approval in accordance with Schedule
          1 of the Planning Act 2016, and

     •    The proposal is consistent within the intent of the Decision Notice (1901-9327 SRA and
          TMR19-026441).



5.1 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                          The intent of the approved development will remain
                                             unchanged.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.



RG Strategic                          Planning Report – Minor Change Application                       9