Request Letter 16Oct15 (00020370)

Operational Works Conditions
Condition 1 of the OPW conditions need to be amended to reflect the
amended proposal plans as follows:

 Plan No.      Rev.    Plan/Document Name                                    Date
 DA-01-02      FG      Site – Roof & Signage Location Plan,                  1/04/2015
                       prepared by Powe Architects                           16/10/2015
 DA-05-01      CE      Signage Schedule, prepared by Powe                    1/04/2015
                       Architects                                            16/10/2015

Condition 3 of the Operational Works (signage) conditions may need some
minor rewording to remove the requirement to amend the plans given the
specified amendments have now been undertaken and submitted with this
application.

2.3 Change to Endorsed Plans
To reflect the proposed change, the approved plans have been amended to
remove all reference to ‘Retail Business Type 6’. A copy of these amended
plans, prepared by Powe Architects, are included in Attachment B.

Attachment B also contains the amended plans that account for the required
amendments mentioned above.



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”


October 2015                Empirica Developments Pty Ltd – Permissible Change Request    Page 3