Minor change assessment letter · 51983.3225.22

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The existing dwelling is positioned within Lot 2 GTP1154. The eaves of the roof and the first floor deck
have minor projections into common property, however such projections align with the positioning of 2
exclusive use area designations for Unit 2. Figure 2 below is an extract from the site plan showing the
position of the existing dwelling in relation to the Lot 2 boundary. To eliminate any doubt the proposed
minor change plans have been reviewed by the body corporate who have provided a consent letter which
accompanies this application.

Figure 2 – site plan extract showing dwelling position




Figures 3 and 4 are photos of Unit 2 taken on 5 February 2025 showing the condition of the dwelling.

Figure 3 and 4 – photos of existing Unit 2 on 5 February 2025




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Due to the age of the units, many owners in the complex have obtained approvals for alterations,
renovations or complete replacement of their units. Council have granted minor change approvals for
Unit 22, 11, 14, 25, 15, 20, 13, 5, 21, 17, 19, 9-10, and 3. In 2023, Council approved a minor change for Unit
2 which proposed the complete replacement of the existing dwelling with a new contemporary dwelling
spanning 4 levels plus a rooftop terrace.

The owner has elected to revert to renovating the existing bungalow instead of replacing it with a new
dwelling. The alterations sought for approval by this application are inconsequential when viewed in the
context of the design that has been previously approved, notwithstanding a minor change application has
been lodged for Council’s consideration.

The proposed changes

Attachment 1 to this correspondence is a copy of proposal plans relating to this minor change request.
Attachment 2 is a set of comparison plans contrasting the plans approved by Council in 2023 with the
change plans that are subject of this request. The changes involve the following:

1. Retention and renovation of the existing dwelling in lieu of complete replacement.
2. Slight raising of the floor to ceiling heights on levels 1 and 2. The overall maximum height of the
   dwelling will be RL 13.325m which is a metre lower than the previous design.
3. Addition of a lift to provide enhanced access to all levels
4. Creation of a loft area for storage and to contain the lift overrun
5. Replacement of the roof and proposed addition of solar panels

Below is a description of the changes proposed on each level.

Ground level – The ground level carport is to be retained in the same position, the laundry and stairs are
to be reconfigured to accommodate the new lift and a toilet added on the ground level

Level 1 – The configuration of the kitchen / living / dining area on level 1 will be generally maintained with
the proposed removal of a toilet to accommodate the new lift, removal of an internal wall and addition of
new windows on the northern side to enhance light into the living room.

Level 2 – The bedrooms will be maintained, the bathrooms will be maintained in the same position but
renovated, a toilet will be removed to accommodate the new lift and the stairway replaced.

Loft and roof – A loft level will be created to provide additional storage and to contain the lift overrun.
The roof will not be accessible and is proposed to accommodate solar panels on the northern side and a
new window on the eastern side. The new roof is proposed with a maximum overall height of RL 13.325m.




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The following additional considerations are noted:

1.   No change is proposed to the positioning of the existing dwelling. The dwelling remains within the
     Lot 2 area, with minor protrusions into the exclusive use area in common property (which has always
     been the case).

2. The existing bungalow style and aesthetic of the dwelling will be maintained and rejuvenated.

3. The proposed design comprises 3 levels plus a loft with an overall height of RL 13.325m.The
   previously approved design comprised 4 levels plus a rooftop terrace with an overall height of RL
   14.4m such that the modifications are less impacting in terms of height and bulk.

The proposed changes are predominantly internal renovations aimed at enhancing the existing dwelling
by adding a lift to allow the owners and their guests to continue to use the beach house as they age,
opening up the main living area to enhance access to natural light, updating the kitchen and bathrooms
and creating additional storage space by the inclusion of a loft. Below is an assessment of how the
changes meet the minor change legislative provisions.

Changes to development approval documents
The proposed changes will not necessitate any changes to the conditions of approval. Only the plans
referenced in the approved plans list is required to be updated.

Planning assessment of minor change
The proposed changes have been weighed against the statutory minor change provisions in the Planning
Act 2016 and the substantially different development provisions in the DA rules. The proposed changes
are considered to wholly satisfy the definition of a minor change as per the town planning commentary
included below.

Planning Act 2016 – definition of minor change
minor change means a change that—
(b) for a development approval— (i) would not result in substantially different development; and

Town planning comment – refer to substantially different development commentary below.

(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

Town planning comment – The changes do not result in the inclusion of 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



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(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the application against, or have
regard to, a matter, other than a matter the referral agency must have assessed the application against, or had
regard to, when the application was made; or

Town planning comment – No referral agencies are triggered by the proposed changes.

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

Town planning comment – The proposed changes would not alter the level of assessment.

DA Rules Schedule 1 – Substantially Different Development
A change may be considered to result in a substantially different development if any of the following
apply to the proposed change:

(a) involves a new use; or

Town planning comment – The existing multiple dwelling use will not change.

(b) results in the application applying to a new parcel of land; or

Town planning comment – The application includes the same parcel of land, with no new parcels
proposed for inclusion.

(c) dramatically changes the built form in terms of scale, bulk and appearance; or

Town planning comment – the dwelling design is different from the original approval, however the
changes to scale, bulk and appearance are not dramatic. The plan comparisons included with this
application show the differences between the two dwelling designs. The design continues to comprise a
residential dwelling with 3 main levels within the building height albeit with some change in design
philosophy and aesthetic.

(d) changes the ability of the proposed development to operate as intended; or

Town planning comment – The proposed changes do not alter the ability of the development to operate
as intended, it remains a residential dwelling.

(e) removes a component that is integral to the operation of the development; or

Town planning comment – The proposed changes do not remove any integral component of the original
approved development.




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(f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or

Town planning comment – The minor changes will not result in a significant impact on traffic flow in the
surrounding area, the approved use will remain at the same traffic intensity.

(g) introduces new impacts or increase the severity of known impacts; or

Town planning comment – The proposed changes to not result in the introduction of new development
impacts or increase the severity of any known impacts.

(h) removes an incentive or offset component that would have balanced a negative impact of the development;
or

(i) impacts on infrastructure provision.

Town planning comment – The proposed changes do not impact upon the provision of infrastructure to
the development or in the surrounding area.

Summation

The proposed changes enhance the development, clearly meet the minor change provisions of the
Planning Act 2016 and ought to be approved by Council.

Please do not hesitate to contact me if you wish to discuss any aspect of this change application.

Kind regards



Pamela Davidson
Director
0427 635 004
[email protected]




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