Cover Letter_Precinct F_CDA_FINAL

constructed in accordance with Council’s engineering design standards. Further details can be provided at
operational works/detailed design stage.

Condition 62

Update this condition to refer to the new State Planning Policy.

Condition 72

Amend this condition to remove reference to the Tate Professional Engineers drawing and instead refer to the
approved drawings in relation to waste storage and collection arrangements.

Condition 73

Amend this condition to remove reference to the Starco Developments drawings and instead refer to the
approved architectural drawings in relation to waste storage and collection arrangements.

3.0       ASSESSMENT AGAINST SECTION 367 OF THE SUSTAINABLE PLANNING ACT 2009

The proposed changes have been assessed against the requirements of s367 of SPA with respect to the definition
of “permissible change”. In this regard, the following comments are provided:

         The proposed changes will not result in a substantially different development (refer Section 3.1 below for
          further discussion).
         If the application for the proposal were remade including the change, it would not:
               o require referral to additional concurrence agencies;
               o result in a change to the level of assessment from code to impact (under the approved Master
                   Plan);
               o in our opinion, be likely to cause a person to make a submission objecting to the proposed
                   change; and
               o cause any development to which the approval relates to include any prohibited development.

We therefore contend that this application meets the definition of permissible change and does not require a
new application to be lodged.

3.1 Assessment of Substantially Different Development

Statutory Guideline 06/09: Substantially different development when changing applications and approvals (as
published by the Department of Local Government and Planning, 2009) provides guidance on determining if a
proposed change to a development approval results in a substantially different development.

Although it depends on the individual circumstances of the development, the Guideline provides a list of what
changes may result in substantially different development. These criteria are provided below, along with an
assessment of how the proposal meets each requirement.




JFP Ref: M2652/F                                                                                               Page 5