Planning Statement · 132004.240098

The owner of shop 3 seeks approval to utilise the shop for a restaurant. Attachment A provides plans
prepared by Andrew Mckellar Design which detail the location of a kitchen on site and the approved
outdoor dining areas.

The proposal does not involve and additional building works or floor area. All existing service areas
and infrastructure will be utilized.

In support of the proposal the following is noted:

    •   2004/240098 (23789DA) approves the premises as a shop and outdoor dining area;

    •   An existing restaurant exists on the site; and

    •   All works are internal to the premises.



Sustainable Planning Act
Section 367 of the Sustainable Planning Act 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, because of the change—
        (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 proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

           The proposed change does not result in a substantially different development as minimal
           works are proposed and the uses on site remain the same.


        (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 proposal and the level of assessment
           has 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;