Change Application - U9,512 DLW, Castaways - Planning Report · 132001.210140.1

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 (21682 DA).



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 residential use 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.
 Dramatically changes the built form            As demonstrated within the proposed site and landscape
 in terms of scale, bulk, and
                                                plans included within Appendix A and Appendix B, the
 appearance
                                                proposed landscaping works are minor and do not


RG Strategic                        Town Planning Report – Other Change Application                    10