GIA application and Court Judgement Part 1 of 2 132006.268..02

« Reduced operations from 5 days p/week and 5 Saturdays p/year to 2-3 days p/week;

« Areduced number of employees from 48 to approximately 3 to 4 staff (maximum of 10) and 3 visitors at
any one time;

« No longer manufacturing or distributing products for office water coolers;

« Reduced vehicles movements and access requirements due to changes in manufacturing and hours of
operation. The Traffic Impact Assessment prepared by RoadPro Development (Attachment II) indicated
that operations are expected to generate a maximum of 16 truck movements p/day and 15 light vehicle
movements p/day; and,

e Changes to on-site effluent requirements as a result of the reduced number of employees and visitors
(refer to On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental
within Attachment Ill).

Permissible Change under Section 367

The proposed changes to the original Development Permit and associated conditions, comply with the definition of a
"permissible change" as defined in Section 367 of the SPA. The SPA permits an assessment manager to consider a
change to an approval where the change is a "permissible change". The definition of "permissible change" is as follows:

1) A permissible change for a development approval, is a change to the approval that would not-

(a) result in a substantially different development; or

(b) _ if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
(i) for an approval for assessable development that previously did not require impact

. assessment; or

(c) for an approval for assessable development that previously required impact assessment-
be likely, in the responsible entity's opinion, to cause a person to make a properly made
submission objecting to the proposed change, it the circumstances allowed; or

(d) cause development to which the approval relates to include prohibited development”

In relation to the above definition, we make the following comments:

« — The proposed changes would not result in a substantially different development,

e — The proposed changes would not require any additional referrals to SARA;

e — The original application was Impact Assessable, yet the nature of the proposed changes would not, in our
opinion, cause a person to make a properly made submission objecting to the proposed changes given that
there will be a reduction in intensity of the use; and,

¢ The proposed changes do not involve prohibited development.

For these reasons outlined above, it is considered that the proposed changes constitute a Permissible Change to the
approved development and as such, we respectfully request a response from Council regarding the following proposed
amendments.

AMENDMENT 4

The Traffic Impact Assessment prepared by RoadPro Development (refer to Attachment Il) provides a new assessment of
the proposed operations and confirms that the required road access and vehicle movements are minimal given the proposed
reduction in operations (i.e. no distribution of water coolers and reduced days of operation p/week).

Further, the location of the access driveway has been reviewed with consideration to the number of vehicles accessing the
site. Given that the existing driveway has been operating adequately for a number of years, the location meets the Australian
Standards requirements and there is good sight visibility, low traffic volumes and the existing local driver awareness of this
access, it is considered appropriate to retain the driveway in its current location (refer to Attachment II). On this basis, it is
proposed that the existing site access be retained and that Conditions 8 and 9, which refer to a new site access, be
deleted. :