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L04 To NC -lodge MCA · 132003.220763.1
(b) The existing use of solid louvres have been reduced especially for those windows on the
private street (common property) frontage.
(c) The size of certain windows along the northern side boundaries have been reduced and
their height above existing floor level increased
(d) To provide improved circulation and storage within all levels of the building.
(e) To provide a manager’s office on the ground level.
(f) To a guest bedroom on the upper level
(g) To better connect the house to the existing pool.
(h) To rely on existing footings where possible with the additional footings being provided to
supported the extension for the guest bedroom.
(i) To replace faulty, degraded or damaged building elements.
(j) To replace poorly maintained vegetation (particularly around the existing swimming pool
within the site) with professionally designed softscape.
A copy of the proposal plans are included in Attachment A and a plan showing proposed floor
areas is included in Attachment B.
3. Assessment Against Relevant Benchmarks
The applicant seeks to make a change to the existing development approval under Section 78 of the
Act. An application for a minor change to a development approval can only be made in
circumstances where a change would constitute a ‘minor change’.
An assessment of the proposed changes against the provisions of the Act relating to what defines a
minor change is detailed below. The Act states that a minor change:
b) for a development approval, is a change to the approval that —
(i) would not result in a substantially different 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 development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(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
(E) public notification if public notification was not required for the development
application.
The proposed changes are considered to constitute a minor change under the Act for reasons which
include the following:
The proposed changes to the use will not result in substantially different development as
detailed in 4.1 below.
If the application including the proposed changes were remade it would not:
o include prohibited development;
o require referral to any referral agencies or additional referral agencies as no referral
agencies are triggered by the use or site location
o require referral to extra referral agencies as no referral agencies are triggered by the
use or the site location
o no referral agencies triggered
o public notification was carried out as part of original development application.
3.1. Assessment of Substantially Different Development
The State wide Development Assessment Rules provide guidance on determining whether a
proposed change to a development approval results in substantially different development on the
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