minor change report · 131999.982632.1

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Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:

 It would not result in a substantially different development*; (*In determining whether the proposed
 change would result in substantially different development, the assessment manager or referral agency must consider the
 individual circumstances of the development, in the context of the change proposed.)


Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.
 Table 1 - Substantially different development

   Provisions of Schedule 1 of the DA             Response
   Rules
                                                   No new use is introduced, the minor change seeks a
   (a) Involves a new use                          retrospectively approval for covering roof terraces.
                                                   No new parcel of land is introduced.
   (b) results in the application applying
       to a new parcel of land; or
                                                  No dramatic changes proposed.
   (c) dramatically changes the built form
       in terms of scale, bulk and
       appearance; or
                                                  The units continue to operate as both long and short term
   (d) changes the ability of the proposed        accommodation under existing use rights from the definition
       development to         operate as          of Multiple dwelling in the Superseded Planning Scheme.
       intended; or
                                                  No change to the operation of the units.
   (e) removes a component that is
       integral to the operation of the
       development; or
                                                  There is no change to the traffic impacts on site as the density
   (f)   significantly impacts on traffic flow    is not changing.
         and the transport network, such as
         increasing traffic to the site; or

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                                                No new impacts or the severity of impacts will result from the
      (g) introduces new impacts or increase    proposal.
          the severity of known impacts; or
                                                Does not remove an offset or incentive components of the
      (h) removes an incentive or offset        development.
          component that would have
          balanced a negative impact of the
          development; or
                                                There are no additional impacts on infrastructure.
      (i)   impacts       on   infrastructure
            provisions.

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; or

Response: The change does not include any prohibited development.

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

Response: No referral required for the development.

  C. referral to extra referral agencies, other than to the chief executive; or

Response: No referral agencies are applicable to the current development.

  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; or

Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.

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

Response: The original application included public notification.

Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.


Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.
Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—

(a) the statutory instrument or other document as in effect when the change application
was made (Superseded Planning Scheme); or


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(b) if the statutory instrument or other document is amended or replaced after the change
application is made but before it is decided—the amended or replacement instrument or
document; or

(c) another statutory instrument—
        (i) that comes into effect after the change application is made but before it is
        decided; and
        (ii) that the responsible entity would have been required to consider if the
        instrument had been in effect when the development application for the
        development approval was properly made.

Assessment

The original planner’s key technical parameters table within their report - demonstrated
the development was not constructed to the maximum gross floor area and/or site cover
provisions. Furthermore, it is noted the definition for gross floor area has now changed to
not include stairs and lifts on all levels. Therefore, the additions meet both the superseded
and current planning scheme requirements.




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It is recommended condition 17 be updated with the inclusion of the submitted plans as
plans of approval. The proposal plans do not require updating any other conditions of
approval.




If you have any further queries in relation to the above, please do not hesitate to contact
myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago RPIA MQELA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227




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