Planning Report · OPW19/0082

                                                                                      proposal report




4.0 Planning assessment

4.1 Pre-lodgement
The applicant has had a number of meetings with Council officers concerning the proposed
changes to the development approval. Written advice from Council (refer Appendix D) confirms
that a changes application will be required to be lodged with Council and that where there is a
material change of use to the common property, the consent of the body corporate must be
provided.

The applicant submits that the development application does not propose any changes to the
existing infrastructure within the common property and that Body Corporate approval is not
required. As demonstrated all changes are located on Lot 2.

4.2 Minor Change
The applicant seeks to make a minor change to the existing development approval under Section
78 of Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

The proposed change to the development approval as requested by the applicant is determined to
constitute a minor change in accordance with the definition under the Planning Act as detailed
below:

   (i) would not result in substantially different development;

A comparison of the proposed changes against the requirements detailed in the DA Rules for a
change that is substantially different are detailed below:

           involves a new use; - No new uses proposed on site.

           results in the application applying to a new parcel of land; - No new parcel of land
            included as part of the application.

           dramatically changes the built form in terms of scale, bulk and appearance; - The
            existing approval details 19 tourist villas/cabins on Lot 2 and 6 tourist villas/cabins on
            Lot 1. No changes are proposed to the number of cabins on the site and further the
            size of the cabins is proposed to be reduced from 100m2 to be between 57m2 and
            94m2. The proposed changes therefore do not dramatically change the built form and
            provide a design that is more suited to the character of the area.

           changes the ability of the proposed development to operate as intended; – the
            proposed changes to the style and design of the cabins and reduction in built form
            does not impact on the operation of the site.

           removes a component that is integral to the operation of the development; - No
            components removed. Changes relate to design of the buildings on site and overall
            layout




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      town planners + urban designers + development managers                                page 14 of 18