23120 DA Development Application part 1 of 2 Application Letter and Request to Change form 132002.220611.3

The revised proposal plans prepared by Blackburne Jackson Design are attached


Sustainable Planning Act

Section 367 of the Sustainable Planning Act 2009 defines a permissible change for a development
approval as:

        (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;
                          or
                         (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, if the circumstances allowed;
       or
       (d) cause development to which the approval relates to include any prohibited development.

The proposal is considered to comply with the requirements of the Sustainable Planning Act 2009
as detailed below:

       (a) result in a substantially different development;

           The existing development permits approve both lots for multi storey unit development
           with the revised proposal maintaining this approved use. The new plans maintain the
           approved building footprint, unit configuration and building height and are considered to
           be similar to the original approved plans and do not result in a substantially different
           development.

        (b) if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                          or
                         (ii) for an approval for assessable development that previously did not
                         require impact assessment-require impact assessment; or

             No concurrence agencies would be triggered by the proposed changes as the original
             building footprint and use is maintained on the site. The level of assessment for the
             site and proposal has also not altered.

        (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, if the circumstances allowed;

             It is unlikely that a person would make a submission objecting to the proposed change
             as the changes reduce the gross floor area on the site, increase roof articulation and

        (d) cause development to which the approval relates to include any prohibited development.

             Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.




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