M2915 - Notice of change_09082022

.


                         Residential       2                    2 covered spaces         Complies
                         Visitor           1                    1 visitor                Complies
                         Service vehicles - Kerb side
                         collection
    Landscaping          Total             35% or 203.7m2       35% or 203.7m2           Complies
                         Percentage        64.4% or 131m2       60% or 122m2             Complies
                         soft
    Private open         Ground            N/A                  20m2                     N/A
    space                Above             14m2                 9m2                      Complies
Table 1 – Built form key criteria


This change notice is provided in accordance with the s52 of the Planning Act (the Act), as the proposed change to the
mixed use development, albeit minor, constitutes a change of use from Multiple dwelling units to a Dual occupancy. We
consider this loss of one dwelling unit in the context of the overall development does not result in substantially different
development. Accordingly, we believe the proposed change is a minor change as defined in the Act, an extract of which is
reproduced below:

Minor change means a change that—
             (a) for a development application—
                 (i) does not result in substantially different development; and
                 (ii) if the application, including the change, were made when the change is made—would not cause—
                         (A) the inclusion of prohibited development in the application; or
                         (B) referral to a referral agency if there were no referral agencies for the development application; or
                         (C) referral to extra referral agencies; 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
                         (E) public notification if public notification was not required for the development application;

Assessment against the applicable provisions of the Planning Act

In accordance with the above minor change definition, below is an assessment of the proposed change against the ‘minor
change’ criteria as outlined in the definition.
  Criteria                                                   Response
  Minor change means a change that— (a) for a
  development approval—

       i)         Would not result in ‘substantially different         Complies refer to Table 2 below.
                  development’; and
       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                  Complies – The proposed change does not introduce
                           development in the application; or          prohibited development.




JFP Ref: M2915P                                                                                                           Page 2