250722 Minor Change Request · 132004.240022.3

    The location of the proposed bathroom facilities requires the relocation of five (5) existing car
    parking spaces. These car parking bays are to be relocated to the south-eastern side of the site, in
    accordance with the traffic engineering advice provided by Richmond + Ross Consulting
    Engineers. We note that there is not overall loss of car parking spaces within the site.

    A change to a window within the Hastings Street facade is also proposed. The change includes an
    increase to the sill height of the window, resulting in a minor reduction to the size of the overall
    window. The change also includes the removal of the bi-fold style glass panels and replacement
    with a fixed glazing panel. We note that the window does not directly front Hastings Street as it is
    buffered by existing landscaping. As such, this minor change to the window is not anticipated to
    impact on the overall level of street activation, casual surveillance or the overall beachside
    appearance of the built form.

    We consider the proposed change consists of a “Minor Change” to the original Development Permit
    and we make this request to change a development approval under Section 81 as the modification
    constitutes a minor change under the provisions of the Act.

    A minor change means a 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 to assess the application against, or have regard to, 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 was not required for the development application.

    Our assessment of the above is as follows:

    In relation to item (b) (i), the proposal would not constitute substantially different development.
    Substantially different development is outlined in Schedule 1 of the Development Assessment Rules
    under the Planning Act 2016 as follows:
        1) A change may be considered to result in a substantially different development if the
             proposed change:
              a) involves a new use; or
              b) results in the application applying to a new parcel of land; or
              c) dramatically changes the built form in terms of scale, bulk and appearance; or
              d) changes the ability of the proposed development to operate as intended; or
              e) removes a component that is integral to the operation of the development; or
              f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                  to the site; or
              g) introduces new impacts or increase the severity of known impacts; or
              h) removes an incentive or offset component that would have balanced a negative impact
                  of the development; or
              i) impacts on infrastructure provisions.



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