Minor Change request · 51901.3614.03

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2.   Amendment of conditions:

           A minimum of 39 car parking spaces must be provided on the site in accordance with
            approved plans; made available and accessible at all times while the use is open for
            business.

            Due to an existing structural column which runs across one of the proposed new car
            spaces it is not possible to provide 39 car parking spaces, with only 38 car parking spaces
            achievable. Drawing no 19021 SD20.00 identifies this space and existing column (which
            sits between car parks 15 & 37) and now proposes this area become a storage space.

           Onsite car parking must comply with AS/NZS2890.1:2004 Parking Facilities- Part 1: Off-
            street car parking.

            AS/NZS2890.1:2004 did not apply at the time of original approval and development and
            the existing car parking does not comply with this standard.

            As part of the refurbishment, an additional parking space is provided, with minor
            modifications to two existing small car spaces. No additional changes are proposed to the
            existing car parking area.

            Further commentary on existing and proposed car parking is included in the attached
            correspondence from TTM Consulting, together with recommended condition changes.

           A certification by a suitably qualified person for the upgraded car parking area is required
            upon the completion of works and prior to issuing the Certificate of Classification to
            confirm compliance with the conditions of this permit.

            Refer attached correspondence from TTM Consulting.


It is requested the conditions be amended as follows:

Approval Reference               Condition           Amended Condition
51901.3614.01 - TPC1008          2                   Change reference of approved plans to include
51901.3786.02 - TPC1737          28                  the attached amended plans.
51992.479.01 - TPC2418           18
51994.1249.01 - TPC2678          18
51994.1048.01 - TPC2679          18
MCU13/0081.01                    10

51901.3614.01 - TPC1008          15                  A minimum of 38 car parking spaces must be
51901.3786.02 - TPC1737          41                  provided on the site in accordance with approved
51992.479.01 - TPC2418           31                  plans; made available and accessible at all times
51994.1249.01 - TPC2678          28                  while the use is open for business.
51994.1048.01 - TPC2679          31
MCU13/0081.01                    23

51901.3614.01 - TPC1008          16                  The new (or modified) car parking spaces must
51901.3786.02 - TPC1737          42                  comply with AS/NZS2890.1:2004 Parking Facilities
51992.479.01 - TPC2418           32                  -Part 1: Off-street car parking.
51994.1249.01 - TPC2678          29
51994.1048.01 - TPC2679          32
MCU13/0081.01                    24

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51901.3614.01 - TPC1008         18                A certification by a suitably qualified person for
51901.3786.02 - TPC1737         44                the new (or modified) car parking spaces is
51992.479.01 - TPC2418          34                required upon the completion of works and prior
51994.1249.01 - TPC2678         31                to issuing the Certificate of Classification to
51994.1048.01 - TPC2679         34                confirm compliance with the conditions of this
MCU13/0081.01                   26                permit.


MINOR CHANGE CRITERIA

Planning Act 2016 defines a minor change as:

A minor change, for a development approval, is a change to the approval that —

      i.   would not result in a substantially different development; and

       The DA Rules state:

       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.

       Description / Provisions                        Comment / Response
       A change may be considered to result in a substantially different development if the proposed
       change:

          Involves a new use; or                      No new land use is proposed.

          Results in the application applying to a    No new land is included as part of the
           new parcel of land; or                      application.

          Dramatically changes the built form in      The proposed changes do not dramatically
           terms of scale, bulk and appearance; or     change the built form in terms of scale, bulk
                                                       and appearance.

          Changes the ability of the proposed         No changes are made to the proposed
           development to operate as intended (for     development to impede its operations.
           example, reducing the size of a retail
           complex may reduce the capacity of the
           complex to service the intended
           catchment); or

          Removes a component that is integral to     The proposed changes do not involve
           the operation of the development; or        removal of a component that is integral to
                                                       the operational of the development.

          Significantly impacts on traffic flow and   The proposed changes do not result in
           the transport network, such as increasing   significant impacts on traffic flow and the
           traffic to the site; or                     transport network, such as increasing traffic
                                                       to the site.

          Introduces new impacts or increases the     The proposed change does not introduce
           severity of known impacts; or               any new impacts, nor will it increase the
                                                       severity of known impacts.

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           Removes an incentive or offset component    No incentive       or    offset    components
            that would have balanced the negative       incorporated.
            impact of the development; or
           Impacts on infrastructure provisions.       The proposed development does not impact
                                                        upon infrastructure provisions.


      ii.   if a development application for the development, including the change, were made
            when the change application is made would not cause—

        Description / Provisions                        Comment / Response

        A. the    inclusion     of      prohibited      No prohibited development proposed.
           development in the application; or

        B. referral to a referral agency, other than    The original application did not trigger
           to the chief executive, if there were no     referral. No additional referrals are required.
           referral agencies for the development
           application; or

        C. referral to extra referral agencies, other   No extra referrals are required.
           than to the chief executive; or

        D. a referral agency to assess the              No      additional     referral    assessment
           application against, or have regard to,      triggers/aspects are required.
           matters prescribed by regulation under
           section 55(2), other than matters 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.
           application.


Accordingly, the subject change is a minor change.

ASSESSMENT
Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory instrument, or
other document, as in effect when the development application for the development approval
was properly made.

        Comment: The proposed changes are minor and do not offend the assessment criteria that
        applied when the development application was made or is now in effect.


However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to—
   (a)     the statutory instrument or other document as in effect when the change application
           was made; or
   (b)     if the statutory instrument or other document is amended or replaced after the
           change application is made but before it is decided—the amended or replacement
           instrument or document; or
   (c)     another statutory instrument—

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            (i)     that comes into effect after the change application is made but before it is
                    decided; and
            (ii)    that the responsible entity would have been required to consider if the
                    instrument had been in effect when the development application for the
                    development approval was properly made.

        Comment: The proposed changes are minor and do not offend the assessment criteria that
        applied when the development application was made or is now in effect.


CONCLUSION

The proposed changes remain largely consistent with the current approval and the development form
for the site.   The proposed changes will not compromise the current planning scheme intent.
Approval of the minor change is warranted.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.


Yours faithfully
PROJECT URBAN




Scott Sobey
DIRECTOR
Email: [email protected]

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