Change to Approval Report · 51987.44.02

Background

14.   The original building is believed to have been constructed in the late
      1970s and there is no town planning related approvals associated with
      the original construction of the building.

15.   On 6th October 1987, Council at its meeting held, resolved to approve
      an application for a retail shop within the premises (Council Reference
      DNA 89). This application did not require public notification to occur.

16.   The unapproved works located adjacent to the frontage of the site
      occurred approximately 10 years ago by a previous owner of the
      premises.

17.   On 17 July 2019 an application was made for an ‘other change’ under
      Section 82 of the Planning Act 2016.

18.   At its ordinary meeting on 16 January 2020, Council decided to approve
      the requested change as detailed below:
      a. Approve the Change and add conditions 12 to 34
      b. Delete existing conditions 1 to 11.
      c. Agree to enter into an Infrastructure Agreement with the applicant
           that provides for contributions in lieu of 2 on-site car parking spaces.

19.   A Building Approval for the work was issued on 28 April 2020 and
      construction commenced soon after.

20.   On 17 December 2020 Council issued a show cause notice in relation to
      a number of alleged non compliances with conditions.

21.   This minor change application has been prepared to rectify the issues
      raised in the Show Cause Notice.

Statutory process

22.   This request is considered to constitute a minor change in accordance
      with Section 81 of the Planning Act 2016.

23.   Schedule 2 of the Planning Act 2016 defines a minor change as follows:
      A minor change, 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