HRP18103.L02.002_Change application · MCU16/0133.01

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Condition 12 currently reads as follows:

 12           The pergola facing Venture Drive must remain uncovered

It is requested that Condition 12 be deleted in its entirety.

 12           The pergola facing Venture Drive must remain uncovered

3.5.       Condition 24

Condition 24 requires the development to provide landscaping in accordance with the approved landscaping
plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.

This condition requires amendments to ensure the landscaping works incorporates suitable fencing for the
children’s play area.

Condition 24 currently reads as follows:

 24           The development site must be landscaped. The works must be undertaken in accordance with the
              approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.

The requested amendment is as follows (amendments are detailed in red):

 24           The development site must be landscaped. The works must be undertaken in accordance with the
              approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines. The
              Children’s play area shown on the approved plans must be suitably fenced to ensure safety and
              adequate supervision is afforded.

4.         CHANGE APPLICATION CONSIDERATIONS

4.1.       Determination of a minor change

A minor change for a development approval is defined in Schedule 2 of the Planning Act. An analysis to
confirm whether or not the change application represents a minor change is included in Table 1, below.

Table 1:            Confirmation of minor change – for a development approval

 Minor change element                                Assessment of proposal

 (b)(i)         would not result in substantially    As outlined by the assessment in Table 2 below, it is determined that
                different development;               the proposed changes to the development approval do not constitute
                                                     substantially different development.

 (b)(ii)        if a development application for the development, including the change, were made when the change
                application is made would not cause—

 (b)(ii)(A)     the inclusion of prohibited          The proposed changes seek a greater efficiency of the approved use
                development in the application;      and will not result in the inclusion of prohibited development.
                or

 (b)(ii)(B)     referral to a referral agency,       A review of the application material, namely Council’s
                other than to the chief executive,   Acknowledgement Notice dated 10 November 2016 and the
                if there were no referral agencies   Development Approval, shows the development application did not
                for the development application;     require referral to any entity as identified within the Sustainable
                or                                   Planning Regulation 2009.
                                                     A review of the Planning Regulation 2017 shows that if the
                                                     development were to be remade including the changes the
                                                     application would not require referral to any entity. Therefore, in
                                                     accordance with Section 80 of the Planning Act, notice of the change
                                                     application does not need to be given to any affected entity.