Planning Statement Minor change (002) · MCU18/0003.01

2. THE DEVELOPMENT APPLICATION
Condition 4 of the approval specifies a maximum building height for the development. Condition 4
states:

Building Height

Condition 4. The maximum height of the development must not exceed 8.0 metres above the
finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling B
where the skillion roof must not exceed RL 9.7m.

Following construction, a survey of the site undertaken by a registered cadastral surveyor revealed
that the building south-western corner of the Dwelling B had a height of RL9.77m. The roof line
therefore does not comply with the condition of the approval by 0.07m.

Advice from the builder indicates that the height was accidently exceeded and note discovered until
the survey was undertaken. The applicant now seeks Council consideration of the request to slightly
alter the condition and approve the height of the building as constructed. The condition is requested
to be changed to the following:

   Condition 4. The maximum height of the development must not exceed 8.0 metres above the
   finished ground level and the natural ground level, except along the ridgeline of Dwelling A where
   the vertical height must not exceed a RL 9.96 metres and in the south-western corner of Dwelling
   B where the skillion roof must not exceed RL 9.77m.



3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory Planning
Provisions.

4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
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’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —

        (i) would not result in a 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.

The proposed change is considered to constitute a minor change as per the Planning Act.


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