2022-03-08 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    8 MARCH 2022


Precinct E2 development approval history includes:
•     MCU15/0109 - 16 September 2016 – Decision Notice – 44 units (4 x 1 bedroom, 22 x 2
      bedroom and 18 x 3+ bedroom units) subject to amendment to unit density as part of the
      original condition 4;
•     MCU15/0109 - 20 December 2017 - Negotiated Decision Notice – 37 units (4 x 2 bedrooms
      and 33 x 3-bedroom units);
•     MCU15/0109.01 - 21 February 2018 – Minor Change Decision Notice – 29 units (1 x 2
      bedrooms and 28 x 3-bedroom units), which deleted block 26;
•     MCU15/0109.02 - 16 July 2018 – Minor Change Decision Notice – minor amendments to
      landscaping and fencing.
The applicant advises
      There is a separate development approval over the adjacent Precinct F for a Multiple
      Dwelling comprising 140 Dwelling Units and Associated Facilities (Shop, Restaurant,
      Multi‐Function Room and Gym). This approval has been the subject of a number of
      amendments, with the most recent modification to the approval granted by Council on 22
      November 2021 (refer 132005.1133.15). Conditions of this approval include a sunset date
      of 15 December 2026, at which time the uncompleted aspect of the approval lapse if the
      whole of the approval has not happened.
      Precincts E2 and F has been developed in an integrated matter to allow for internal road
      and pathway connections between the two sites. We note that the recent reconfiguration of
      a lot (to facilitate the creation of up to 26 balance lots) approval issued by Council further
      reinforces the staged and integrated manner within which these development approvals are
      being delivered.
3.    ASSESSMENT
3.1   Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
•     the development would not result in substantially different development as the development
      remains generally consistent with the original approval;
•     the change does not include prohibited development;
•     the change would not require the application to be referred to an additional referral agency
      or cause a referral agency to have regard to new matters prescribed by regulation;
•     where the original application was code assessable, the change would not cause the
      application to become impact assessable.
3.2   Statutory Instruments – Planning Scheme
To facilitate the proposed changes the applicant seeks changes to the approved list of plans of
development being condition 2 and condition 3 as follows:

Condition 2 – Approved Plans
2.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are listed in the following table and
      may be further amended by the conditions of this approval.


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