Minor Change - Planning Report · 51986.3024.03

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4. Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

e The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1of the Planning Act 2016,

e The proposal is consistent with the outcomes sought by the Condition 1 of the Decision
Notice (51986.3024.02) and

e The proposal is consistent within the superseded 1985 Planning Scheme.

4.1 1985 Planning Scheme — Multiple dwellings

4.1.1 — Use Definition

The development is subject to the conditions of the development approval for the life of the
development. Condition 1 indicates the multiple dwellings must be used in accordance with the

Interpretation (definitions) in the 1985 Planning Scheme. Condition 1 reads as follows-

1. Compliance with all relevant provisions of the Town Planning Scheme, Chapter XLIV (Town

Planning) and other Council Policies,

Chapter XLIV is several Chapters in the 1985 Planning Scheme of which one relates to the definitions,
other relate to constraints and existing non-conforming uses. However, the definitions are important

in this instance.
Multiple dwelling are defined in the superseded planning scheme as-

Multiple dwelling-A building comprising dwelling units together with such area, if any, as is
necessarily incidental to more than one of those units. The term includes an attached dwelling but
does not include an accommodation building, caretakers' residence or converted house as herein
defined. Any use for the purpose of a multiple dwelling includes the use. Not being for a purpose
elsewhere specifically defined in this clause, of any land and any outbuilding or other structure within
the curtilage of such building being ancillary to the enjoyment of those dwelling units as a building

for residential use and any erection for that purpose shall be likewise construed;
Dwelling units are defined as-

Dwelling unit -Any part of a building used or intended for use as a self-contained dwelling place for

the exclusive use of one family;

The units subject of this application are used in accordance with Condition 1 of the approval as the
they are operating as dwelling units (as approved) and therefore strictly Multiple as defined by the

1985 Planning Scheme.

RG Strategic Planning Report — Minor Change Application 6