Cover Letter_Precinct F_CDA_FINAL · 132005.1133.06

be revised such that only those approvals that relate to a particular stage are to be obtained prior to obtaining a
Development Permit for Building Works for the relevant stage.

Condition 22

The subject land has now been excised from the parent lot 3 on SP137433 and as such, it is requested that this
condition be deleted.




3.0       ASSESSMENT AGAINST SECTION 367 OF THE SUSTAINABLE PLANNING ACT 2009

The proposed changes have been assessed against the requirements of s367 of SPA with respect to the definition
of “permissible change”. In this regard, the following comments are provided:

         The proposed changes will not result in a substantially different development (refer Section 3.1 below for
          further discussion).
         If the application for the proposal were remade including the change, it would not:
               o require referral to additional concurrence agencies;
               o result in a change to the level of assessment from code to impact (under the approved Master
                   Plan);
               o in our opinion, be likely to cause a person to make a submission objecting to the proposed
                   change; and
               o cause any development to which the approval relates to include any prohibited development.

We therefore contend that this application meets the definition of permissible change and does not require a
new application to be lodged.


3.1 Assessment of Substantially Different Development

Statutory Guideline 06/09: Substantially different development when changing applications and approvals (as
published by the Department of Local Government and Planning, 2009) provides guidance on determining if a
proposed change to a development approval results in a substantially different development.

Although it depends on the individual circumstances of the development, the Guideline provides a list of what
changes may result in substantially different development. These criteria are provided below, along with an
assessment of how the proposal meets each requirement.

      1. The proposed changes do not involve a new use with different or additional impacts.

          Comment: The overall development is retained as an integrated multiple dwelling development, now
          comprising 145 dwelling units together with minor ancillary activities including a shop, café/restaurant
          and communal recreation facilitates. There are no new uses proposed that would create different or
          additional impacts.




JFP Ref: M2652/F                                                                                                Page 7