Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4

Sunshine coast Regional Council                                                                      Emanate Legal
Attention: Michael Cantori                                                                            30 May 2011
BGT:VG:BAK 101045:0525.01                                                                                  Page 4




•        introduces new impacts or increases the severity of known impacts

•       removes an incentive or offset component that would have balanced a negative
        impact of the development

•       impacts on infrastructure provision, location or demand.

Strand Gardens meets each of the criteria for what constitutes a development that is not
'substantially different' as set out in section 367 of SPA and Statutory Guideline 06/09:
'Substantially Different Development when Changing Applications and Approvals', in a
request for Permissible Change for the DA in respect of Conditions 11 and 13 (together with
Condition 1) to approve:

•       Boat lifting devices for the purpose of elevating a vessel above the water; and

•       Electrical reticulation system carrying electricity in excess of 24 volts beyond the
        revetment wall.

Amendment to Development Application

This correspondence together with the attached IDAS Form 'Request to Change an Existing
Approval Template' (effective March 2010) is Strand Gardens' request to change a
development approval, as required under section 3694 and 3705 of SPA.

We note that:

•       Strand Gardens is the person with standing to make a request for permissible change
        to the DA and makes this request in writing.



4 369 Request to change development approval
(1) If a person wants to make a permissible change to a development approval, the person must by written notice ask the
following entity (the responsible entity) stated for the change or approval to make the change-
(a) if the change is to a condition imposed by the Minister under part 11, division 1-the Minister,
(b) if the approval was given by the Minister under part 11, division 2-the Minister;
(c) if the change is to a condition of the approval imposed by a concurrence agency-the concurrence agency;
(d) if the approval was given by the court-the court;
(e) for another change or approval-the assessment manager for the application to which the approval relates.
(2) If a request is made to the Minister under subsection (1)(b) and the Minister is satisfied the change does not affect a State
interest, the Minister may refer the request to the original assessment manager.
(3) If the Minister refers the request to the original assessment manager, the original assessment manager is taken to be the
responsible entity for the development approval.
(4) If the development approval is for building work or operational work for the supply of community infrastructure on land
designated for the community infrastructure, a request under subsection (1) may be made only by the person who intends to
supply, or is supplying, the infrastructure.
5 370 Notice of request
(1) If the responsible entity has a form for the request under section 369, the request must be in the form.
(2) Also, the request must be accompanied by-
(a) the fee for the request-
(i) if the responsible entity is a local government-fixed by a resolution of the local government; or
(ii) if the responsible entity is another public sector entity or the Minister-prescribed under a regulation under this or another
Act; and
(b) a copy of any pre-request response notice relevant to the request; and
(c) evidence to show the person making the request has complied with section 372.
(3) Subsection (4) applies if an application for the development approval were made at the time the request is made and
evidence under section 264(1) would be required to support the application.
(4) The request must also be accompanied by the written agreement of the chief executive from whom evidence would need to
be obtained under section 264(1).
(5) The request may be accompanied by other information the person making the request considers relevant.