PR132938_161208_FINAL- s369_PermissibleChangeRequest · 132008.1128

5.0 Proposed Changes to Conditions
The proposed changes to the conditions as a result of the requested extension are set out below:

Condition 8
Condition 8 as approved states as follows:

Relevant Period
The Development Permit for a material change of use of premises lapses if the use has not
commenced within 6 years of the date of this approval (19 December 2017) and the
development, including all works, completed within 8 years of the date of this approval (19
December 2019).

Request for Amended Condition
We request that Condition 8 be amended as to ensure the new approval period is reflected as
follows:

The Development Permit for a material change of use of premises lapses if the use has not
commenced within 4 years of the date of this approval (19 December 2021) and the
development, including all works, completed within 8 years of the date of this approval (19
December 2023).

6.0 Permissible Change Test
It is considered the change to the above condition will satisfy the Permissible Change test as a
consequence of an agreement to extend the relevant period for the Development Approval.

The following table demonstrates that the proposed change(s) meet(s) the permissible change
tests under the Act.

                                 Tests under Section 367 of the Act
Tests                                      Consideration of the proposed change
Where a change to the approval             This request relates only to the extension of the relevant
would not result in a substantially        currency period of the approval. As such, the changes do
different development, or                  not result in a substantially different development.
If the application for the approval        This request relates only to the extension of the relevant
were remade including the change           currency period of the approval. As such, the changes
the application would require              proposed would not result in referral to additional
referral to additional concurrence         concurrence agencies if the application were to be
agencies.                                  remade.
If the application for the approval        The original application was subject to Impact
were remade including the change           Assessment.
for an approval for assessable             Any future proposals on the land for similar purposes
development that previously did not        would be code assessable.
required impact assessment –
require impact assessment.
For an approval that previously            This request relates only to the extension of the relevant
required impact assessment – be            currency period of the approval. As such, it is not
likely, in the Council’s opinion, to       considered that the changes proposed would result in a
cause a person to make a                   person making a submission objecting to the proposed
submission objecting to the                change.
proposed change.
Cause development to which the             The proposed changes do not include any prohibited
approval relates to include any            development.


PR132938: Sections 383 and 369 – Request to Change and Extend Development Approval                 Page 8