Minor_Change_Req

This condition is contradictory to the approved plans which clearly show a balcony on the upper level that is
setback 12 metres from the rear boundary. The proposed new design comprises a similar outcome, with the
only built form component that is located seaward of the costal building line (15m setback) being the mid level
balconies that are setback 12.8 metres from the rear boundary. This built form component is considered
appropriate on the basis that the balcony does not seek to locate any footings or support posts in the ground
seaward of the coastal building line (15m setback). As such, the intent behind the setback requirement is upheld
in the design. Further, as stated above, the proposed development has already been conditioned to comply with
Table 13.20 Coastal Protection Areas of the Natural Resources Overlay Code, and therefore is provided an
exception to the setback rule under Table 1-2—Exceptions for specific premises of Schedule 1 – Minimum
Boundary Setbacks for Buildings and other Structures. It is therefore requested that Condition 6 be deleted from
the Decision Notice as part of the change approval.


Change Application - Planning Act 2016
The proposed changes to the approved plans and associated conditions of MCU19/0008 are considered a ‘Minor
Change’ under section 78 of the Planning Act 2016, as:
     •    The proposed changes remain generally compliant with the approval conditions imposed by Council
          under MCU19/0008, with the required changes to the approval conditions largely relating to the need
          to provide consistency with the new plans and the relevant Code provisions;
     •    The proposed changes do not result in prohibited development;
     •    The proposed changes do not trigger referral to any referral agencies;
     •    The proposed changes do not trigger public notification; and,
     •    The proposed change will not result in a substantially different development, compared to what was
          approved.

For certainty, to ensure that the changes to the approved development will not result in a substantially different
development compared to what was approved, a test against Schedule 1 of the DA Rules has been carried out.
Overall, it is determined that the proposed change will not result in a substantially different development to that
which was approved, given the proposal:
     •    Does not seek to alter the approved land use and will not impact the ability for the Detached House to
          operate or be used as intended;
     •    Does not seek to introduce a new land use;
     •    Does not seek to introduce a new parcel of land;
     •    Will not dramatically change the built form in terms of overall scale, bulk or general appearance, as the
          revised proposal maintains the key built form elements approved including building height, number of
          storeys, roof form and site layout;
     •    Does not remove a component that is integral to the development; and,
     •    Does not introduce any new impacts or increase the severity of any known impacts, given that the
          change largely improves upon the key compliance issues that were present in the previous design,
          including reduced side setbacks and considerable earthworks and retaining required to construct the
          development.

For these reasons outlined above, it is considered that the proposed changes constitute a Minor Change to the
approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.



Our ref: 220202                                                                                          Page 7 of 8