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Request to amend application 132009.1102.03

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                         (ii) for an approval for assessable development that previously did not
                         require impact assessment-require impact assessment; or

             No concurrence agencies would be triggered by the proposal and the level of
            assessment has not altered.


        (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, if the circumstances allowed;

            It is unlikely that a person would make a submission objecting to the proposed change
            as thepremises are currently approved for retail and dining purposes and the proposed
            outdoor dining and shop display areas are consistent with the expected character of the
            area.    The new outdoor dining areas associated with tenancy 6 are located in an
            existing paved area to the east of the existing building. It is noted that this new outdoor
            dining area is enclosed by a new vertical green wall and in an existing paved outdoor
            area that is overlooked by three storey holiday units. As indicated by the photographs

            below, the adjoining units to the east are screened by existing vegetation and both unit
            developments have limited openings and decks to the proposed outdoor dining area.



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            Photograph 6 adjoining units to the east
                         -




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

            Not prohibited development.


The proposal is therefore considered to be able to be considered as permissible change.




                                                         Page 6
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