Lormax Pty Ltd v Cairns Regional Council

Lormax Pty Ltd sought an order declaring that the changes proposed to their development application were a minor change under the Sustainable Planning Act 2009. The original proposal involved two buildings with a total of 15 units. The proposed changes included internal alterations to break up the built form, resulting in three distinct buildings. Additionally, the elevations of the buildings were altered to remove roofs over pedestrian accesses between certain units. These changes aimed to address concerns about the bulkiness of the proposed multiple dwellings. However, the changes also resulted in a substantial increase in ground-level car parks and brought one of the buildings closer to adjoining residences.

The court was required to determine whether the proposed changes amounted to a substantially different development, as defined by the Sustainable Planning Act 2009. The court considered whether the essence of the development had changed and whether the alterations were significant enough to constitute a different development. The court also had to assess whether the proposed changes resulted in a substantially different impact on the amenity of the surrounding area.

The court concluded that although the proposed changes would result in different amenity impacts, they did not amount to a substantially different development. The essence of the development remained the same, as it was still a 15-unit multiple dwelling development. The court found that the changes were less than substantial and allowed the application. Consequently, the court determined that the changes proposed to the development application were a minor change under the Sustainable Planning Act 2009.