Request to change development approval

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2.1      Change to Decision Notice
It is requested that Council re-insert reference to ‘Retail Business Type 6 Hardware store’ in Section
2, Decision Details in the Change to an Existing Approval decision notice.

2.2     Change to Conditions
Material Change of Use Conditions
Condition 2 currently reflects the endorsed plans of development. It is requested that the condition
be amended to reflect the new proposal plans as follows:

 Plan No.      Rev.    Plan/Document Name                                Date
 DA-01-01      V       Site layout, prepared by Powe                     17/02/2017
                       Architects
 DA-01-02      J       Site – Roof & Signage Location Plan,              25/02/2016
                       prepared by Powe Architects
 DA-02-01      G       Floor Plans, prepared by Powe                     25/02/2016
                       Architects
 DA-02-02      E       Floor Plans, prepared by Powe                     17/02/2017
                       Architects
 DA-03-01      G       Elevations,     prepared    by    Powe            15/11/2016
                       Architects
 DA-03-02      G       Sections, prepared by Powe Architects             15/11/2016
 SD-01         F       Landscape Concept Plan and Section,               05/08/2015
                       prepared by DFS Group
 SD-02         F       Landscape       Concept    Plan    and            05/08/2015
                       Elevation, prepared by DFS Group
 SD-03         F       Design Intent & Suggested Plan                    05/08/2015
                       Palette, prepared by DFS Group
 SK07          P8      Prop.      Building    Elevations    &            22/02/2016
                       Perspectives, prepared by Verve
                       Building Design & Concepts


3.0      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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Substantially different development
The statutory guideline 06/09 provides examples of what may be considered to be substantially
different development. These examples are provided below:

A change may result in a substantially different development if the proposed change:
  involves a new use with different or additional impacts
  results in the application applying to a new parcel of land
  dramatically changes the built form in terms of scale, bulk and appearance
  changes the ability of the proposal to operate as intended. For example, reducing the size of a
    retail complex may reduce the capacity of the complex to service the intended catchment
  removes a component that is integral to the operation of the development
  significantly impacts on traffic flow and the transport network, such as increasing traffic to the site
  introduces new impacts or increases the severity of known impacts
  removes an incentive or offset component that would have balanced a negative impact of the
    development
  impacts on infrastructure provision, location or demand.

In our opinion, the changes proposed do not result in a substantially different development.

We note that the request technically seeks to add a new land use to the approval. In fact, the
applicant seeks to re-insert the Retail Business Type 6 Hardware store land use back into the
development permit. This land use was previously removed from the development approval as part of
a request to change the approval. While Statutory guideline 06/09 provides examples of what “may”
be considered to be substantially different development, the examples given in the statutory guideline
do not automatically trigger substantially different development. In this case, the Retail Business Type
6 Hardware store was actually part of the original approval granted by Council. There are no different
or additional impacts to those original considered by Council. Hence, the change requested is not
considered to be substantially different development.

Concurrence agencies
There were no concurrence agencies for the original application and no referrals would be triggered by
the changes proposed.

Assessment levels and likelihood of objections
The original application was impact assessable. The proposed changes will not affect the level of
assessment. Only one objection was recorded against the original application. That objection was
primarily concerned with parking supply associated with the possible tyre and mechanical shop. The
changes proposed would not likely cause a person to object.

Prohibited development
The proposed amendments do not involve prohibited development.

For these reasons it is considered that the proposed changes constitute a Permissible Change to the
approved development. On this basis it is considered that the request can be dealt with pursuant to
sections 369 – 377 of SPA. We look forward to Council’s decision on this request.

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

Yours faithfully
PROJECT URBAN




Peter Folker
Director
Email: [email protected]