[Letter] Minor Change Letter

Page 2

The proposal seeks to amend the approved plans for the Multiple Dwelling to allow the
construction of a retractable awning to replace the pergola and shade sail used by Unit 10
as illustrated in Figure 2 and the proposed plans:




Figure 2 Proposed rooftop plan for Unit 10

The proposed development generally complies with the development approval with exeption
to the reference of the an amended plan accompanying the Decision Notice (attached).
As such, it is requested a condition is added the the Development Permit allowing the
construction of rooftop retractable awning as per the proposed plans.
The approved plans and drawings listed as part of the development approval is therefore
requested to include the proposed plans referenced below:
                                   Proposed Plans and Drawings:
    Document Title               Drawing Number           Date             Revision
       Floor Plans                     01               21.08.21               B
    Eastern Elevation                  02               21.08.21               B
    Eastern Elevation                  03               21.08.21               B
   Northern Elevations                 04               21.08.21               B
      Perspectives                     05               21.08.21               B

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The following reasons support the request for a minor change approval which is supported
by the submitted perspective drawings:
   •   Whilst the Medium Density Residential Zone Code limits height to 2 storeys and 8m,
       the proposal is replacing an existing rooftop pergola and shade sail with a retractable
       awning which is consistent with the overall height previously developed under the
       previous planning scheme.
   •   The retractable awning is a lightweight and open structure that will maintain views
       through the structure with a negligible impact upon building height and bulk.
   •   As per the submitted street perspective there are no views to that are obstructed
       from the front of the site. Further, views of the proposed structure will be screened
       from the rear by the existing building whilst views from the side of the building will be
       screened by existing palms trees at the boundary.
   •   The proposed causes no impact to over shadowing or privacy.
   •   The area of roofing on the rooftop will be reduced which subsequently will reduce
       the existing bulk of the building.
   •   The retractable awning will improve the overall appearance of the building providing
       better quality building materials than what is currently provided.

 Street perspective




 East perspective from rooftop

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Based on the information provided in this letter and the assessment contained in the
Appendix, it is considered that the proposed change constitutes a minor change (section
81) to an existing development approval under section 78, subdivision 2 of the Planning Act
2016.
Please contact me should you require any clarification on the application material.


Yours Sincerely,




Shane Weterings
Senior Town Planner

Page 5

                    Appendix A – Minor Change Definition
                                   Planning Act – Schedule 2


In accordance with Schedule 2 of the
Planning Act 2016, a minor change means            Comments:
a change for a development approval that:
(i) would not result in substantially different    The proposal does not result in substantially
    development; and                               different development. Refer to Appendix B -
                                                   substantially different development test.
(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 The proposed change will not include prohibited
          in the application; or                 development.

   b) referral to a referral agency, other than    The proposed minor change does not require
      to the chief executive, if there were no     referral to a referral agency.
      referral agencies for the development
      application; or
   c) referral to extra referral agencies, other   The proposal does not required referral to extra
      than to the chief executive; or              referral agencies.
   d) a referral agency to assess the              Assessment by a referral agency is not required.
      application against, or have regard to,
      matters prescribed by regulation under
      section 55(2), other than matter the
      referral agency must have assessed
      the application against, or have had
      regard to, when the application was
      made; or
   e) public notification if public notification   The original application required public
      was not required for the development         notification and therefore this component is not
      application.                                 applicable.

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          Appendix B – Substantially Different Development.
                                       DA Rules - Schedule 1
                            Substantially Different Development Test
1. An assessment manager or responsible entity may determine that the change is a minor
   change to a development application or development approval, where – amongst other criteria
   – a minor change is a change that would not result in ‘substantially different development’.
2. An assessment manager or responsible entity must determine if the proposed change would
   result in substantially different development for a change—
       a. made to a proposed development application the subject of a response given under
            section 57(3) of the Act and a properly made application;
       b. made to a development application in accordance with part 6;
       c. made to a development approval after the appeal period.
3. In determining whether the proposed change would result in substantially different
   development, the assessment manager or referral agency must consider the individual
   circumstances of the development, in the context of the change proposed.
4. A change may be considered to result in a substantially different development if the proposed
     change:
a) involves a new use; or         The proposal does not involve a new use.


b) results in the application          The proposed development does not require an application
  applying to a new parcel of land;    for a new parcel of land.
  or
c) dramatically changes the built      The proposed change will not dramatically increase in the
  form in terms of scale, bulk and     scale, bulk or appearance of the development.
  appearance; or                       The proposal is replacing a rooftop structure that is lawfully
                                       established. Considering the proposed retractable awning
                                       has open sides and the area of roof is reduced on the rooftop
                                       the minor increase in height is not considered to involve a
                                       dramatic change to the appearance of the building.
d) changes the ability of the          No change to the operation of the Multiple Dwelling will occur.
   proposed      development      to
   operate as intended; or
e) removes a component that is         No integral components are removed.
   integral to the operation of the
   development; or
f) significantly impacts on traffic    No change to traffic will occur.
   flow and the transport network,
   such as increasing traffic to the
   site; or
g) introduces new impacts or           The are no new impacts, including potential impacts to visual
   increase the severity of known      amenity, overshadowing or privacy as discussed in the detail
   impacts; or                         within the assessment letter..
h) removes an incentive or offset      There are no incentives or offsets removed as part of the
   component that would have           proposed minor change.
   balanced a negative impact of
   the development; or
i) impacts      on    infrastructure   There will be no impact on the existing infrastructure.
   provisions.