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Request to Change Development Approval
Attached to the e-mail Request to Change Development Approval MCU14/0102.04.
Entertainment & dining business Type 1 Food & beverages.
Three formal changes (ie permissible changes) have been made to the approval since it was issued.
3.0 Summary of the proposed changes to the approval
As per our various discussions and written communications, our client intends to change the facade
treatment of the northern elevation of the industrial building. The changes are shown on the revised
Elevations Plan prepared by Powe Architects and include significant beautification treatments to the
wall including a “green wall” component, timber battens and painted graphics (as per the current
approved plans).
The landscape elements of the proposed wall treatments have been detailed on the landscape
operation works plans which are currently before council for approval (refer the RFI response under
OPW16/0231).
Amended Plans
As a result of the changes described above, the plans listed in Table 1 supersede the approved plans.
Table 1
Plan No. Rev. Plan Name Date
DA-03-01 G Elevations, prepared by Powe Architects 15 Nov 2016
DA-03-02 G Sections, prepared by Powe Architects 15 Nov 2016
Referenced Documents
Not applicable.
Changes to Conditions of the Decision Notice
The abovementioned changes cause a consequential amendment to Condition 2 of the decision
notice. Condition 2 should be amended to reference the revised plan described in Table 1 above.
4.0 Sustainable Planning Act 2009
The Sustainable Planning Act 2009 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”
In relation to the above definition, it is relevant to note the following:
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