Request to amend application 132009.1102.03

Photograph-Display area in front of

Sustainable Planning Act

Section 367 of the Sustainable Planning Act 2009 defines a permissible change for a development
approval as:

         (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;
                           or

                        (ii) for an approval for assessable development that previously did not
                        require impact assessment-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, if the circumstances allowed;
        or

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

The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:


        (a) result in a substantially different development;

             The proposed restaurant outdoor dining and shop display areas are consistent with the
             existing approval and uses on site and do not result in a different development form. No
             new building works are proposed on site.



        (b)if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                           or




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