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Minor Change Report MCU23 0094 03, OPW23 0113 03 & RAL23 0014 03 (As Published) · MCU23/0094.03

of 17

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                        WD. 7.02        6      B7 – General Arrangement Plan prepared by 25/03/2025
                                               Blackwood Architecture & Design

                        WD.7.04         6      B7 – Roof Plan prepared            by   Blackwood 25/03/2025
                                               Architecture & Design

                        WD.7.09         6      B7 – Elevations prepared           by   Blackwood 25/03/2025
                                               Architecture & Design

                        WD.7.10         6      B7 – Sections prepared             by   Blackwood 25/03/2025
                                               Architecture & Design

                        WD.10.03        11     Fence Type Plan prepared by Blackwood 14/11/2025
                                               Architecture and & Design
                                                                                     Received on
                                               Annotated by Council                  10 April 2026




                              DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (RAL23/0014)
               Applicant’s Request
               The applicant has requested existing condition 3 be amended to reflect the revised plan.
               It is noted the current approval includes a Development Permit for Reconfiguring a Lot (RAL) –
               Subdivision by Community Title (Council ref.: RAL23/0014.02), implying a subdivision by way of a
               Standard Format Plan under a Community Title Scheme, as a titling arrangement for the approved
               Multiple Dwelling. Based on a review of the development approval compliance pathway, it has
               become evident that titling the approved buildings / dwelling units in this manner is not suitable.
               Specifically, a Standard Format Plan involves the creation of lots in a ‘standard format’ (i.e.,
               unlimited in height and depth), which is not suitable in this instance, given the approved
               development is for two (2) storey buildings, involving vertically stacked and separate dwelling units.
               As such, the development approval compliance pathway, as it stands, cannot be achieved and the
               RAL conditions complied with, based on a Standard Format Plan arrangement.
               Instead, the titling arrangement proposed for the approved Multiple Dwelling is by way of a Building
               Format Plan under a Community Title Scheme, which would create lots bounded by the structural
               elements (i.e., defined by floors, walls and ceilings) and allows for the exclusive use of part of the
               common property under the Body Corporate and Community Management Act 1997. In this
               instance, Unit 601 would be allocated an exclusive use area over part of the common property (i.e.,
               exclusive access to a landscape area), as detailed in the Change Application (Minor Change),
               dated 17 December 2025, prepared by Property Projects Australia.
               Given the proposed Building Format Plan arrangement does not involve the subdivision of land
               (and includes all external areas as common property), this aspect of development is not assessable
               under the Planning Act 2016, in particular referring to Schedule 6 (‘Development local categorising
               instrument is prohibited from stating is assessable development’), Part 4, Section 21 of the
               Planning Regulation 2017. As such, a Development Permit for Reconfiguring a Lot is not required
               in this instance.
               The Building Format Plan would be undertaken as a consequence of the approved use (i.e.,
               Multiple Dwelling), subject to the conditions of approval for the overarching Material Change of Use
               and Operational Works components. It is noted the requirement to submit a Community
               Management Statement and Building Format Plan to Council for endorsement / compliance
               assessment is enshrined in the conditions of approval, referring to MCU Conditions 26 and 27
               under MCU23/0094.02.


                                                                                                     Page 12 of 17

Document Set ID: 24530022
Version: 6, Version Date: 05/06/2026

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