Development Application Part 2 - Environmental & Stormwater Management Plans · OPW11/0335

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           currently remains as one lot. Note also that infrastructure charges should not be imposed on the Office
           component as we argue that this component is wholly ancillary to the visitor accommodation use in Stage
           1 and therefore does not require separate definition under the approval.


Waste Management


     n     Condition 99 be amended to apply to each stage with respect to waste storage and collection.


Kitchen Exhaust

     n     Condition 104 applies to Stage 1 only.


Trade Waste

     n     Condition 105 applies to Stage 1 only.


All other conditions not specifically mentioned above are able to remain unchanged as a result of the proposed
staging.

Summary


In summary, our client is seeking to make changes to the existing development approval by way of breaking the
development down into three stages, making minor modifications to the internal layout and external appearance
of the commercial building, and changing some conditions of approval, including extension of the relevant period.
Under the proposed changes, each stage of the development will be capable of functioning independently with
respect to access, carparking, landscaping and stormwater management.

We are of the opinion that the proposed changes would not result in "substantially different development" in
that the proposed changes do not:


           create any additional or substantially different impacts;
           result in the application applying to a new parcel of land;
           dramatically change the built form in terms of scale, bulk and appearance;
           change the ability of the proposal to operate as intended;
           remove a component that is integral to the operation of the development;
           significantly impact on traffic flow and the transport network;
           introduce new impacts or increase the severity of known impacts;
           remove an incentive or offset component that would have balanced a negative impact of the
           development; and
           impact on infrastructure provision, location or demand.


In light of this, we request that Council consider the proposed changes and issue a pre-request response notice
under s368 of SPA, which includes draft conditions that may attach to a permissible change approval. Following
receipt of the pre-request response notice and draft conditions, we will proceed to lodge a permissible change
request under s369 of SPA to the Planning and Environment Court.


Please note that a copy of this request has been sent to the relevant concurrence agencies, being Department of
Environment and Resource Management (formerly Environmental Protection Agency) with respect to
contaminated land - potential unexploded ordinance. We note that although the former Department of




JFP Ref- M2358                                                                                                     Page