Permissible Chamge om Surfers Paradise, Gold Coast

Allan Van Planning recently achieved a Permissible Change to an existing Development Approval at Surfers Paradise. It was a change from a “fun park” type approval to one for Segway Rides.

THE SUSTAINABLE PLANNING ACT 2009 INTRODUCES A SIMPLIFIED TEST BEING THAT OF “PERMISSIBLE CHANGE”.

What is a permissible change for a development approval?

A permissible change, for a development approval, is a change to the approval that would not—

result in a substantially different development; or
if the application for the approval were remade including the change—
require referral to additional concurrence agencies; or
for an approval for assessable development that previously did not require impact assessment—require impact assessment; or
for an approval for assessable development that previously required impact assessment—be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstances allowed; or
cause development to which the approval relates to include any prohibited development.

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