Cover Letter · 51994.1147.03

5. Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

    •   The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2 of the
        Planning Act 2016,

    •   Council has approved the same pergola structure on Unit 8, and

    •   The proposed pergola structure has design merit with consideration to the environmental elements
        and does not result in a greater visual impact to the adjoining properties.

5.1 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development approval—

        (i) would not result in 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.

In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development Assessment
Rules, is provided in Table 1 below:

Table 1: Substantially Different Development Guideline


         ‘Substantially different’
                                                                           Comment
              development

 Involves a new use                             The multiple dwelling use remains unchanged.

 Results in the application applying to         No new land is applied over as part of this change
 a new parcel of land                           application.

 Dramatically changes the built form in         As demonstrated within the architectural plans included within
 terms of scale, bulk and appearance            Appendix A the proposed pergola is of a design and scale
                                                that is appropriate for the site. It has been designed to be in


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