2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             11 DECEMBER 2018


   Natural Resources Overlay Code
   Detached House Code


3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
   the development would not result in substantially different development as the additions are
     considered part of the detached house;
   the change does not include prohibited development;
   the change would not require the application to be referred to an additional referral agency
     or cause a referral agency to have regard to new mattes prescribed by regulation;
   where the original application was code assessable, the change would not cause the
     application to become impact assessable.


3.3. Statutory Instruments
The proposal seeks to construct a deck, rainwater storage tanks, stairs and a swimming pool
seaward of the Coastal Building Line resulting in a setback of 6m from the seaward boundary. The
Coastal Building Line is generally 15m from the seaward boundary as shown in Figure 1 in Item 1
of this report.
State Development Assessment Provisions
Section 81 (2) (e) of the Planning Act 2016 permits the responsible entity to assess applications
against matters considered relevant. In this instance, it is considered the State Development
Assessment Provisions: State Code 8 is relevant as it provides up to date and clear assessment
provisions for development in the coastal environment and for lots affected by the Coastal Building
Line.
Furthermore, the State Development Assessment Provisions: State Code 8 is applicable when the
Development Permit for Building Works is referred to the State Assessment and Referral Agency
(SARA) as a Concurrence Agency, which is the next step for the subject proposal, should it be
approved.
The relevant outcomes of the State Code 8 for development in an erosion prone area is provided
below.




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