L04 To NSC -Lodge MCA

       o Roof top terrace - as proposed in the levels below, a lift is proposed in the centre of the
                footprint and the associated rearrangement of the approved rooms on this level
                which include the bathroom and internal stairs. The outdoor terrace and spa has
                been altered such that the truncation on the deck has been removed.

The built form and palette of external construction material remains as supported by Council in the
existing development approval. As a result of structural engineering advice associated with the
proposed inclusion of a lift, the floor levels for Level 2 and the roof terrace have increased slightly as
shown on the Section A-A in the Elevations in Attachment B such that the maximum building height
in metres will increase from 13.70 to 13.95m on AHD. Again the elevations approved in the existing
development approval as indicated in purple dashed line with the changes generally within the red
balloon line work.

All proposed works remain to be fully contained within the site (i.e. Lot 17 on GTP1154).

The arborists report and stormwater management plan as previously provided to Council for the
existing development approval are considered to remain relevant for the purpose of assessing a
proposed minor change to a land use approval.


4.         Assessment of This Change Application

4.1        Statutory Requirements

Minor change for an existing development approval is defined in the Planning Act 2016 as:

      ‘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, 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.’

“Substantially different development” is referenced in Schedule 1 of the State Development Assessment
Rules (”DA Rules”) includes any of the following:

      ‘4. A change may be considered to result in a substantially different development if any of the following
          apply to 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;27 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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