Permissible Change Cover Letter, Form and Attachments

Our Client’s Representations
It is requested that the condition is amended to allow signage associated with
the food and beverage tenancy to be illuminated 24 hours. It is common
practice for signage associated with such a use to be illuminated at night. As
such, it is requested that the condition is amended as follows:

All sign illumination must be switched off between 11:00pm and sunset of the
following day except if a service station illuminated sign or a food and beverage
illuminated sign which may remain on during trading hours.

3.0       Sustainable Planning Act 2009
The proposed changes comply with the definition of a “permissible change” as
defined in the Sustainable Planning Act 2009. 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 - 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, it is relevant to note the following:

      -   in our view, the changes proposed do not result in a substantially different
          development. The changes do not involve new uses or new land or result
          in significant changes to the built form. The changes do not significantly
          alter the ability of the proposal to operate as intended;

      -   there were no referral agencies for the original application. If the
          application were remade including the change, the proposed changes
          would not require referrals to concurrence agencies;




August 2015                 Empirica Developments Pty Ltd – Permissible Change Request   Page 6