132004.240018.A - Request to change an existing Approval

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         Further, we understand that a copy of this Permissible Change Application will be forwarded
         by Council to Unity Water.

         The following table provides demonstrated compliance with Section 367 of the Sustainable
         Planning Act 2009, which defines a permissible change for a development approval.

                   PERMISSABLE CHANGE CRITERIA               I                         RESPONSE
          (1) A permissible change, for a development approval, is a change to the approval that would not-
          (0) resuft     in   a   substantialfy    different   The proposed change seeks merely to delete a design
                development; or                                component (Le. flood immunity design requirement) within
                                                                1 condition which relates to the construction requirements
                                                                of the external road upgrade of Garnet Street. The ultimate
                                                                road   classification and   associated    verge/pavement
                                                                treatments and widths will still occur in accordance with
                                                                Council standards.

                                                                We do not believe that the above mentioned changes will
                                                                result in a substantially different development.


          Ib) if the application for the approval were          As a result of the proposed changes as outlined above, if the
              remade including the change-                      application were remade today we do not believe that the
                   i.    require referral to additional         application would require referral to additional referral
                         concurrence agencies; or               agencies as a direct resultant of the change.
                  ii.   for an approval for assessable
                         development that previously did        The original application was impact assessasble.
                         not require impact assessment-
                         require impact assessment; or
          Ie) for an approval for assessable development        As noted above, the original development        application was
              that      previously        required    impact    Impact Assessable.
              assessment-be       like/y, in the responsible
              entity's opinion, to couse a person to make
              a properly made submission objecting to the
              proposed change, if rhe circumstances
              allowed; or
          Id) couse development to which the opproval           The proposed changed application does not include any
              relates     to    include      any   prohibited   prohibited development.
              development.


         In light of the above, we believe that the request to change the existing development
         approval for the Capestone Estate, represents a 'permissible change' as defined by the
         Sustainable Planning Act 2009 and as such, we look forward to receiving Council's written
         confirmation of the same at your earliest convenience.

         Please find enclosed the following information, which constitutes a 'properly                                   made
         application' under the Integrated Pianning Act 1997:
             Our client's cheque for $935 which is the relevant Council application fee;
             A copy of the IDAS Form - Request to change an existing approval;




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