2020-03-16 General Committee Agenda

GENERAL COMMITTEE MEETING REPORT                                                     16 MARCH 2020


(h)    removes an incentive or offset component that would have balanced a negative impact of
       the development; or
(i)    impacts on infrastructure provisions.
After the officer report had been completed the applicant provided legal advice stating that despite
the application applying to a new parcel of land the application could still be considered to be a
minor change.
Council officers subsequently sought legal advice as to whether the new parcel, not the subject of
the original development approval, and which is to be used for the development or an aspect
thereof, necessarily dictates that it is not a minor change and results in a substantially different
development.
In summary, the advice notes that the DA Rules state a change application involving a new parcel
of land may be considered to result in a substantially different development. The DA Rules do not
mandate such a change to be substantially different because it applies to new land; it still remains
a matter of assessment. In this regard, the parking area is substantially provided within the
easement and, to the extent that cars may be intended to park outside the easement, is to assist
in providing protection to vegetation (on the subject site) and in terms of additional area will not be
extensive. Therefore, it is concluded that this aspect of the application by itself would unlikely
amount to a ‘substantially different development’ in terms of the DA Rules and the application
should be accepted as a minor change.
Accordingly, it is recommended that the grounds of refusal be amended to delete the ground
relating to the application not being a minor change. Furthermore, the grounds of refusal have
been reviewed by Council’s planning solicitor and minor changes have been made to re-numbered
grounds 7 and 8 to identify the relevant Overall and Specific Outcomes.

Departments/Sections Consulted:

      Chief Executive Officer       Community Services                        Corporate Services
      Executive Officer             Director                                  Director
      Executive Support             Community Development                     Financial Services
                                    Community Facilities                      ICT
                                    Libraries & Galleries                     Procurement & Fleet
                                    Local Laws                                Property
                                    Waste & Environmental Health              Revenue Services

      Executive Services        X   Environment & Sustainable Development     Infrastructure Services
      Director                      Director                                  Director
      Community Engagement          Building & Plumbing Services              Asset Management
      Customer Service          x   Development Assessment                    Buildings and Facilities
      Governance                    Economic Development                      Civil Operations
      People and Culture            Environmental Services                    Disaster Management
                                    Strategic Land Use Planning               Infrastructure Planning,
                                                                              Design and Delivery




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