16992 DA Change to existing approval · 132000.200451.2

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     (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 meets this criterion as follows:

•   The change does not result in a substantially different development;
•   There were no concurrence agencies with the original applications. We note that DERM would now
    be a concurrence agency (coastal management district) if a new application were made today. In
    relation to this matter it is noted that the state's guideline "From IPA to SPA, A compressive guide to
    what's changed" states,
    The new provisions also clarify that what is relevant is whether it is the change itself which causes
    the need for referral to additional concurrence agencies or impact assessment. It is not the intention
    to prevent a change being made simply because, since the original application was made, there has
    been a change to the applicable law which has the effect that the application as originally made
    would now trigger additional concurrence agencies or require impact assessment. It is only intended
    to prevent changes being made if the change itself is the reason why the new concurrence agency is
    triggered or impact assessment is required.
    In this regard, it is noted the site always adjoined the coast line and was within an erosion prone
    area under the control of the Beach Protection Authority (BPA) prior to the BPA forming part of
    DERM and becoming a concurrence agency under IPA and SPA. Further condition 27 of 16992DA
    required approval to be obtained from the Beach Protection Authority for buildings and other
    structures proposed to be located with the Coastal Management Control District. This was obtained
    prior to building works. Therefore as approval has already been obtained from the precursor to the
    current referral agency, the change does not necessarily cause the need for the additional
    concurrence agency;
•   The original Development Applications were subject to Impact Assessment;
•   The change is negligible; is consistent with the approved allowable floor area; and is unlikely to
    cause a person to make a properly made submission if the circumstances allowed; and
•   Does not include any prohibited development.

In light of the above, it is considered that the proposed change which complies with the provisions of the
Sustainable Planning Act 2009, is minor in nature, does not change the approved use of the site and
does not offend the intent of the original approval. Approval of the request to change the development
approval is therefore warranted.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS