Planning and environment – application for change to a
development approval – where GFA would markedly increase
– whether permissible change.
Facts: The applicant sought a permissible
change to a development approval for a place of worship at Upper
Coomera granted in 2012.
The approval provided for a building of 1235m2 gross floor area,
195 paved car parking spaces and a range of uses associated with
the primary use as a place of worship.
The primary proposed change was an increase in gross floor area
of 32% to 1633m2 and an increase in car parking to 244, in order to
facilitate a quarterly "stake" (a regional) conference
being held at the facility. It was not intended that the change
lead to a continuous increase in the use of the site on a day to
day basis. Except for the stake conferences, maximum attendance at
the site was to be capped at 500 people.
The site was large and separated from sensitive residential
uses. The development application had attracted no adverse
submissions. There had been no further residential uses developed
in proximity to the subject development since the application was
Decision: The Court held that:
In deciding whether the change would result in a substantially
different development it was appropriate to have regard to
Statutory Guideline 06/09. However, changes which resulted in the
things referred to in the Statutory Guideline were not necessarily
to be regarded as resulting in a substantially different
The change to the scale and bulk of the proposal was
significant in a numerical sense. However, when one had regard to
the context, including the size of the subject site and its
separation from sensitive land uses, the impact of the increase in
scale and bulk was not significant.
The changes did not result in a substantially different
development and would be unlikely to cause a person to make a
properly made submission objecting to the proposed change if the
circumstances allowed. The change sought was within the scope of a
permissible change and should be granted.
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