Martoo planning statement Minor change · MCU14/0084.03

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         (h) removes an incentive or offset component that would have balanced a negative impact of the development; or

                 No change to proposed use.

         (i) impacts on infrastructure provisions.

                 No change to existing infrastructure servicing the site as the proposed solar panels will reduce the reliance
                 of main power.

       (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;

                 The proposed solar panels are not prohibited development.

                 (B) referral to a referral agency, other than to the chief executive, if there were
                 no referral agencies for the development application;

                 The proposed solar panels do not trigger referral to a referral agency.

                 (C) referral to extra referral agencies, other than to the chief executive;

                 The proposed solar panels do not trigger referral to an extra referral agency.

                 (D) a referral agency to assess the application against, or have regard to,
                 matters prescribed by regulation under section 55(2), other than matters the
                 referral agency must have assessed the application against, or have had
                 regard to, when the application was made;

                 The proposed solar panels do not trigger referral to a referral agency.

                 (E) public notification if public notification was not required for the
                 development application.

                 The proposed solar panels do not trigger public notification of the proposal


ASSESSMENT

The Planning Act 2016 states that when assessing a change application the responsible entity:

      81 (3) (a) must assess against, or have regard to, the matters that applied when the
                 development application was made; and
            (b) may assess against, or have regard to, the matters that applied when the change
                 application was made.

The original application for a dwelling triggered code assessment due to the Coastal Protection
Precinct of the Natural Resources Code covering the site which detailed that a detached house was
code assessable. The proposed changes do not impact on the provisions of the Code as the panels
and structure will be screened by the existing approved building.

The proposed solar panels and pergola structure are located within the western side boundary
setback whereas the planning scheme details a 6 metre setback for the Rural Settlement zone. The
proposed works are considered to comply with Specific Outcome O1 of the Detached House Code as
detailed below:

      O1 Buildings and other structures are appropriately designed and sited to—
      a) provide amenity for users of the premises

      The 9930m2 site is severely constrained with limited land available for actual development. The
      solar panel location across the driveway maintains existing landscaping and recreational areas