Request Change to Development Approval (17107 DA) 1399.982748.01

The extension to the retaining wall:


         .   Increases the safety for children using the outside areas as the low wall provides a barrier
             to toys and children from accessing the easement;
         .   Increases the    safety of the area by reducing the potential for people to fall off the
             retaining wall onto the laneway;
         .   Provides privacy for the residents at 68 Seaview Terrace;
         .   Increases privacy for residents opposite the site at 69 Seaview Terrace by screening the
             premises from 68 Seaview Terrace.          A letter from this   adjoining owner is attached
             supporting the proposal;
         .   Reduces noise for the residents of 68 Seaview Terrace;
         .   Retains existing vegetation on site; and
         .   Does not impact on the amenity of the area.




Sustainable Planning Act

The proposal is not considered to be a Material Change of Use as there is no new use on the site nor
a change to the intensity or scale of the development. The proposal is considered to a permissible
change under the Sustainable Planning Act Section 367 of which defines a permissible change for a
development approval as:

        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;
                         or

                          (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 proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:


        (a) result in a substantially different development;

           The retaining wall/fence does not alter the existing use.


        (b)if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                        or

                        (ii) for an approval for assessable development that previously did not require
                        impact assessment-require impact assessment; or

             No concurrence agencies would be triggered by the proposal.


        (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;


             Not applicable   -
                                  not previously impact assessable development.


        (d)cause development to which the approval relates to include any prohibited development.

             Not prohibited development.


The proposal is therefore considered to be able to be considered as a permissible change.
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