132009.1102.01- Request to Change to Existing Approval

In support of the proposal the following is noted:

        •   The area to be enclosed is currently roofed;
        •   The area to be enclosed has been approved for outdoor dining and assessed for
            carparking;
        •   The proposed extension is consistent with surrounding uses and the character and
            desired intent for the area.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act 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 proposed extension encloses an area that is located underneath an existing roof and
            incorporates the area into the adjoining premises and will not result in a different
            development.

        (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 and the level of
             assessment has not altered.

        (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;

             It is unlikely that a person would make a submission objecting to the proposed change
             as the area is currently approved for use as an outdoor dining area, is not visible to the
             street and will not impact on adjoining premises. .

        (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 permissible change.



                                                 Page 2