ADAMS+SPARKES MCU Permissible Change Request (David Low Way) 160105 · MCU13/0251

Proposed Amendment to Development Condition 35
The requirement for a 5 metre wide access easement to the rear parcel of dedicated land is no longer necessary, and it
is requested that Condition 35 is deleted. Please delete Condition 35 which states:

        35. A 5 metre wide easement for access purposes must be registered against the title of the property in favour
        of Council over the land area from the stub road to the park dedication area on the subject site. The easement
        must be granted at no cost to Council.

Permissible Change under Section 367
The proposed changes to the original Development Permit and associated conditions, comply with the definition of a
Permissible Change as defined in Section 367 of the SPA. The Act 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; 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, we make the following comments:

       The proposed change to the conditions will not result in a substantially different development to that,
        which was approved;
       The proposed Permissible Change does not result in a significant change to conditions within the
        approval;
       The proposed changes would not require any additional referrals to the State Assessment Referral
        Agency; and,
       The proposed changes do not involve prohibited development.

For these reasons outlined above, it is considered that the proposed changes constitute a Permissible Change to the
approved development. On this basis, it is considered that the request should be dealt with pursuant to provisions
outlined within Sections 369 and 377 of the SPA.

We trust the information provides you with sufficient information in relation to the proposal and we look forward to
receiving a positive decision from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.