Whether change to proposed development a minor change – multi-unit dwelling – words and phrases "substantial" - s.350 Sustainable Planning Act 2009
Facts: This was an Application for Orders that changes to a development proposal constituted a minor change for the purpose of s.350 of SPA.
The appeal concerned an Application for a multi-unit dwelling. The more substantive changes were identified as the reduction in the number of storeys from 6 to 4, a reduction in the number of units from 6 to 4, and a reduction in GFA of about 32%.
Decision: The Court held that the changes to the proposed development were a minor change:
- While there was reference to "additional" impacts in the Statutory Guideline, when reference was made to the scale, bulk and appearance of a development it was not restricted to only increases, but was concerned with changes to the built form in terms of scale, bulk and appearance.
- It would be wrong to only focus on the magnitude of the changes. The question that has to be asked is whether the changes result in a substantially different development having regard to the nature and degree of the changes.
- The meaning of such an imprecise and ambiguous word as "substantial" was highly dependant on the context in which it appears.
- While the changes to the proposal could not be described as anything other than significant, they did not, either separately or in combination, result in a substantially different development.
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