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—

  1. result in a substantially different development; or
  2. if the application for the approval were remade including the change—
    1. require referral to additional concurrence agencies; or
    2. for an approval for assessable development that previously did not require impact assessment—require impact assessment; or
  3. 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
  4. cause development to which the approval relates to include any prohibited development.