Planning Statement · 131999.982708.1

           Page 3

The balconies are proposed to be enclosed with the walls and glazing and incorporated into the floor
area of the unit. The enclosure of the balcony results in improved floor areas for the unit with the
applicant advising that the balconies are not useable as they receive limited sun and are very windy.

The enclosure of the balconies increases the existing floor area of the unit by an additional 7.3m2 which
results in an estimated area of 535.3 m2 for the unit component and 721.2m for the entire development.
It is noted that Councils previous report for the change to approval 132000.200451.2 detailed that the
maximum allowable floor area for the development was 755m2 and therefore the proposed development
complies with scheme requirements relating to floor area.

Proposal plans prepared are included in Appendix A .

4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to what
defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

        b) for a development approval, is a change to the approval that —
          (i) would not result in a substantially different development; and
         (ii) if a development application for the development, including the change, were made when the
         change application is made would not cause—
                 (A) the inclusion of prohibited development in the application; or
                 (B) referral to a referral agency, other than to the chief executive, if there were no referral
                 agencies for the development application; or
                 (C) referral to extra referral agencies, other than to the chief executive; or
                 (D) a referral agency, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral agency must
                 have assessed the application against, or had regard to, when the application was made; or
                 (E) public notification if public notification was not required for the development application.

The proposed changes are considered to constitute a minor change as per the Planning Act as detailed
below:

             The proposed changes to the use will not result in substantially different development as
                detailed in 4.1 below
             If the application including the proposed changes were remade it would not:
                     - Include prohibited development
                     - Require referral to any referral agencies or additional referral agencies
                     - Do not vary the level of assessment

4.1. Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determing whether a proposed change to a
development approval results in substantially different development. The proposed changes have been
reviewed against this criteria with the changes not considered to be a substantially different development
as detailed below:

                     (a) involves a new use;

                      No new use proposed.

                     (b) results in the application applying to a new parcel of land;

                      No new parcel of land to be utilised.

                     (c) dramatically changes the built form in terms of scale, bulk and appearance;

                      No dramatic changes to the built form. The changes relate to the enclosure of two
                      balconies on the middle floor of the development and still maintain visual relief to the side
                      elevations due the use of glass to enclose the balconies.