130814 Permissible Change Request Final · MCU14/0073

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PERMISSIBLE CHANGE
As previously outlined, the revised plans within Attachments 2 & 3 are to be included as Approved Plans in accordance with
the most recent Material Change of Use approval (MCU14/0073) and Operational Works approval (OPW13//1038).

Permissible Change under Section 367
The proposed changes to the original Development Permit and associated conditions, comply with the definition of a
Permissible Change as defined in Section 367 of the SPA. The Act permits an assessment manager to consider a change to
an approval where the change is a Permissible Change. The definition of Permissible Change is as follows:

           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;
                   (ii) for an approval for assessable development that previously did not 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, it the circumstances allowed; or
              (d) cause development to which the approval relates to include prohibited development"

In relation to the above definition, we make the following comments:

         The proposed amendment will not result in a substantially different development to that, which was approved
          and is in accordance with a higher order approval;
         The proposed Permissible Change does not result in a significant change to conditions within the approval;
         The proposed changes would not require any additional referrals to the State Assessment Referral Agency;
         The proposed changes would not cause a person to make a properly made submission objecting to the
          proposed change; and,
         The proposed changes do not involve prohibited development.

For these reasons outlined above, it is considered that the proposed changes constitute a Permissible Change to the
approved development. On this basis, it is considered that the request should be dealt with pursuant to provisions outlined
within Sections 369 and 377 of the SPA.

We trust the information provides you with sufficient information in relation to the proposal and we look forward to receiving a
positive decision from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.

Yours faithfully,
ADAMS + SPARKES
TOWN PLANNING + DEVELOPMENT



Cameron Adams
MANAGING DIRECTOR

Encl:          Attachment 1 Request to Change an Existing Approval form
               Attachment 2 Revised Operational Works Plans prepared by Barlow Shelley Consulting Engineers
               Attachment 3 Revised Landscape Plans prepared by Mark Baldock Landscape Architect

Cc:            SARA