Here is some expert commentary about the unusual Development Application for the premises at 467 New Canterbury Road
Monday, 25 March 2013
I've received two written analyses on the DA for 467 New Canterbury Road - you can download a copy of the DA at the bottom of this post.
I don't know the background of the first commenter - I do know and am familiar with the credentials of person number two. He is a professional who is in the business of local government, town planning, development, inspections etc etc. I value his professional expertise and the worth of his analysis.
Comments on the DA - person number one
A section 96 application to modify a development consent for a Thai massage business.
Comments on the DA - person number two
WHAT TYPES OF MODIFICATIONS ARE ALLOWED UNDER SECTION 96?
There are number of different types of modifications allowed under Section 96 of the Act. Council’s application form can be used to make an application for three of these types of modifications:
Section 96 (1) – Modifications involving minor errors, misdescription, or miscalculation.
There would be no change to the form of the development approved, and notification would not be required. For example:
- Wrong plan numbers
Section 96 (1a) – Modifications involving minimal environmental impact.
These are used for minor amendments. There is no impact on privacy, height, overshadowing, etc, and notification is generally not required. These might be:
- Internal design changes
- Amended landscape plans
- Drainage design amendment
Section 96 (2) – Other modifications.
These are all other modifications where environmental impact is possible. They generally require notification. Typical changes include:
- Windows
- Floor levels
- Heights
- Car parking generation
- Roof design
NEW CONSTRUCTION CERTIFICATE?
If you are seeking Construction Certificate approval from Council based on the proposed modifications, you will need to lodge a separate construction certificate application form. This may be lodged concurrently with this application or at a later date but cannot be processed until the modification application is determined.
WHAT IS REQUIRED WHEN LODGING AN APPLICATION?
The following items need to be prepared and submitted for all applications to modify development consent under Section 96 of the Act:
- A completed application form [link].
- Owners consent
Consent from all the registered owners. If a company owns the property, the form must be signed by an individual acting with the Company’s Authority. If the building is subject to a strata scheme, consent of the body corporate is required - Amended plans
Seven (7) sets of plans (3 coloured) plus ten A4 set of plans, annotated to show changes (if amendments involve changes to the design).
Drawings must be to scale - normally at 1:100 - and suitably numbered and dated.
- Supporting documentation
Details of the proposed modification(s) and impact of changes