Statement Letter

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5. The open space and setback          5. The open space and setback areas are to be
areas are to be landscaped in          landscaped in accordance with Council’s Policy on
accordance with Council’s Policy       Landscaping Guidelines and a properly prepared
on Landscaping Guidelines and a        landscape plan to be submitted to and approved by
properly prepared landscape plan       the Shire Planner, prior to the issue of a Building
to be submitted to and approved        Approval. Landscaping is also to include dense
by the Shire Planner, prior to the     planting of the road reserve frontage of the site
issue of a Building Approval.          between the front property boundary and the
Landscaping is also to include         concrete footpath. Such landscaping is to be
dense planting of the road reserve     completed in accordance with the approved
frontage of the site between the       landscape plan, prior to the premises being occupied
front property boundary and the        and maintained at all times thereafter to the
concrete      footpath.      Such      reasonable satisfaction of the Shire Planner.
landscaping is to be completed in
accordance with the approved           Including the approved plans for the patio for Unit 5:
landscape plan, prior to the           • Site Context Plan, drawing 1 of 3
premises being occupied and            • Site Plan, drawing 2 of 3
maintained at all times thereafter     • Elevation Plan, drawing 3 of 3
to the reasonable satisfaction of
the Shire Planner.


The approved plans and drawings listed as part of the development approval should include
the proposed plans for Lot 0/5, 5/6 Advance Place Sunrise Beach QLD 4567. Please refer
to the table below:


                             Proposed Plans and Drawings:
               Document Title                                 Drawing Number
               Site Context Plan                                   1 of 3
                   Site Plan                                       2 of 3
                Elevation Plan                                     3 of 3


The    following   reasons   support    the   request   for   a   minor   change     approval:

   •   There are other units in the complex that already have a patio similar to the one
       proposed for unit 5. These include unit 4 and unit 6 (see below image). Therefore,
       the proposed patio for unit 5 is consistent with other units in the complex, and
       therefore will not cause any impact to amenity.

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       Aerial View of Unit Complex – Other Patios already located on Units 4 and 6


   •   The application includes body corporate consent, confirming the other residents
       have no issue with the proposal.
   •   The patio is an open, lightweight structure that will allow sunlight and breezes to flow
       through and will not cause overshadowing.
   •   The patio is a small structure, being only 14.55m2, therefore there will be very little
       impact.
   •   The patio will improve the useability of the units’ private open space area by
       protecting residents from the weather. It will allow the residents to use the outdoor
       area when it is extremely sunny or rainy.


It is considered that the proposed change constitutes a minor change (section 81) to an
existing development approval under section 78, subdivision 2 of the Planning Act 2016.


Yours Sincerely,
Lillian Lucas

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                    Appendix A – Minor Change Definition
                                   Planning Act – Schedule 2


In accordance with Schedule 2 of the
Planning Act 2016, a minor change means            Comments:
a change for a development approval that:
(i) would not result in substantially different    The proposal does not result in substantially
    development; and                               different development. Refer to Appendix B -
                                                   substantially different development test.
(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 The proposed change will not include prohibited
         in the application; or                  development.

   b) referral to a referral agency, other than    The proposed minor change does not require
      to the chief executive, if there were no     referral to a referral agency.
      referral agencies for the development
      application; or
   c) referral to extra referral agencies, other   The proposal does not required referral to extra
      than to the chief executive; or              referral agencies.
   d) a referral agency to assess the              Assessment by a referral agency is not required.
      application against, or have regard to,
      matters prescribed by regulation under
      section 55(2), other than matter the
      referral agency must have assessed
      the application against, or have had
      regard to, when the application was
      made; or
   e) public notification if public notification   The minor change does not require public
      was not required for the development         notification.
      application.

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           Appendix B – Substantially Different Development.
                                        DA Rules - Schedule 1
                            Substantially Different Development Test
1. An assessment manager or responsible entity may determine that the change is a minor
   change to a development application or development approval, where – amongst other criteria
   – a minor change is a change that would not result in ‘substantially different development’.
2. An assessment manager or responsible entity must determine if the proposed change would
   result in substantially different development for a change—
       a. made to a proposed development application the subject of a response given under
            section 57(3) of the Act and a properly made application;
       b. made to a development application in accordance with part 6;
       c. made to a development approval after the appeal period.
3. In determining whether the proposed change would result in substantially different
   development, the assessment manager or referral agency must consider the individual
   circumstances of the development, in the context of the change proposed.
4. A change may be considered to result in a substantially different development if the proposed
     change:
a) involves a new use; or        The proposal does not involve a new use.


b) results in the application           The proposed development does not require an application
   applying to a new parcel of land;    for a new parcel of land.
   or
c) dramatically changes the built       The proposed change will not dramatically increase in the
   form in terms of scale, bulk and     scale, bulk or appearance of the development.
   appearance; or
d) changes the ability of the           The minor change will not affect the ability of the
   proposed      development       to   development to operate as intended.
   operate as intended; or
e) removes a component that is          The proposal does not remove an integral part of the
   integral to the operation of the     development.
   development; or
f) significantly impacts on traffic     The proposal does not impact the existing use of the site.
   flow and the transport network,      There will be no increase to the traffic to the site.
   such as increasing traffic to the
   site; or
g) introduces new impacts or            The site was approved for a residential use and this use will
   increase the severity of known       remain. The are no new impacts
   impacts; or
h) removes an incentive or offset       There are no incentives or offsets removed as part of the
   component that would have            proposed minor change.
   balanced a negative impact of
   the development; or
i) impacts      on    infrastructure    There will be no impact on the existing infrastructure.
   provisions.