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SARA - Response with conditions - 2107-23530 SRA.pdf
Attached to the e-mail MCU21/0110 - SARA response—61 Noosa Springs Drive, Noosa Heads.
RA6-N SARA reference: 2107-23530 SRA Council reference: MCU21/0110 Applicant reference: 16022 5 May 2022 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Mr Patrick Murphy Dear Patrick SARA response—61 Noosa Springs Drive, Noosa Heads (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 21 July 2021. Response Outcome: Referral agency response – with conditions. Date of response: 5 May 2022 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Material Change of Use - Resort complex (112 units), Bar, Food and drink outlet, Outdoor sport and recreation (3 x tennis courts) SARA role: Referral Agency. SARA trigger: Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1— Koala habitat area in SEQ region Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1— Darling Downs South West regional office 128 Margaret Street, Toowoomba Page 1 of 10 PO Box 825, Toowoomba QLD 4350
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Page 2
2107-23530 SRA
Development impacting on State transport infrastructure
(Planning Regulation 2017)
SARA reference: 2107-23530 SRA
Assessment Manager: Noosa Shire Council
Street address: 61 Noosa Springs Drive, Noosa Heads
Real property description: Lot 4 on SP178340
Applicant name: Noosa Springs Real Estate Pty Ltd
Applicant contact details: C/- Adamson Town Planning
PO Box 894
Cooroy QLD 4563
[email protected]
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Danica Clark, Senior Planner, on (07) 4616 7305 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Jamaica Hewston
Manager
cc Noosa Springs Real Estate Pty Ltd, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response
Attachment 5 - Approved plans and specifications
State Assessment and Referral Agency Page 2 of 10
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2107-23530 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)
Condition
No. Conditions
timing
Material change of use
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1—Koala habitat area in SEQ region—
The chief executive administering the Planning Act 2016 nominates the Director-General of the
Department of Environment and Science to be the enforcement authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to the
following conditions:
1. The development must be carried out generally in accordance with the At all times
following documents:
Proposed Site Plan with Koala Habitat Overlay, prepared by
Marchese Partners International Pty Ltd, dated 12/11/2020, Dwg.
No. SK.01, Revision 1.
2. Clearing is limited to the removal of 19 non-juvenile koala habitat trees At all times
identified with a red ‘X’ on Proposed Site Plan with Koala Habitat Overlay,
prepared by Marchese Partners International Pty Ltd, dated 12/11/2020,
Dwg. No. SK.01, Revision 1.
3. Prior to any building or operational works being undertaken, prepare a Koala (a) to (e) Prior to
Management Plan, which must: any clearing,
building or
(a) Identify the clearing and construction activities that may increase the
operational
risk of stress, injury or death of koalas; and
works being
(b) Detail the management measures that will be implemented during undertaken.
clearing works to prevent the risks identified in part (a) of this condition,
including but not limited to all of the following:
i. Details of pre-clearing inspections of the vegetation to be
cleared;
ii. Measures required under the Nature Conservation (Koala)
Conservation Plan 2017, including the staging and sequencing
of clearing and provisions for a koala spotter during clearing
operations;
iii. Procedures for the recovery of koalas;
iv. Measures for dealing with trapped, injured, orphaned and
deceased koalas;
v. Contact details for the contractor for reports of at risk or injured
koalas;
vi. Procedures for checking machinery for koalas; and
vii. Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian Standard
AS4970-2009;
(c) Detail the management measures that will be implemented during
construction works to prevent the risks identified in part (a) of this
condition, including but not limited to all of the following:
i. Procedures for dealing with trapped, injured, orphaned and
State Assessment and Referral Agency Page 3 of 10
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2107-23530 SRA
deceased koalas;
ii. Contact details for the contractor for reports of trapped or
injured koalas;
iii. The use of fauna exclusion fencing;
iv. Measures to minimise the impact of construction related dust
on adjacent koala habitat;
v. Signage in areas of vehicular traffic on site;
vi. Procedures for checking machinery for fauna;
vii. Measures to manage the risks posed by dogs (e.g., guard
dogs) on site;
viii. Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian Standard
AS4970-2009;
ix. Requirements for sequential clearing and koala spotter in
accordance with Nature Conservation (Koala) Conservation
Plan 2017;
x. Measures to raise awareness amongst construction workers of
koalas on and near the construction activities; and
(d) Be certified by a suitably qualified and experienced person. (f) At all times.
AND
(e) Submit the Koala Management Plan to the Department of
Environment and Science at [email protected]
(f) Implement the management measures contained in the Koala
Management Plan.
4. Deliver an environmental offset in accordance with the Environmental Offsets Prior to
Act 2014 to counterbalance the significant residual impacts on the matter of commencing any
clearing works.
state environmental significance being 19 non-juvenile koala habitat trees.
Note: Section 16 of the Environmental Offsets Act 2014 provides that when
an offset condition is imposed on an authority, a number of deemed
conditions are taken to apply. These deemed conditions are detailed in
sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
Contravention of a deemed condition is taken to be contravention of an
imposed condition.
More information on offset delivery can be found online.
Please send the notice of election to [email protected]. Prior to the commencement of clearing activities, notify the Department of 72 hours prior to
Environment and Science at [email protected] of: commencement
of vegetation
the expected date the clearing activity will commence; clearing.
the expected duration of the clearing activity;
the name and contact details of the koala spotter that has been
contracted for the clearing activity; and
the name, contact details and authority number of the spotter
catcher that has been contracted for the clearing activity.
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2107-23530 SRA
6. The existing fencing around the perimeter of the property is to be maintained At all times
as koala exclusion fencing in accordance with the Koala Sensitive Design
Guideline (Version 2), prepared by the Department of Environment and
Science and dated 01/02/2020.
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1—Development impacting on State
transport infrastructure—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads to be the enforcement authority for
the development to which this development approval relates for the administration and enforcement of
any matter relating to the following conditions:
7. The development must provide a dedicated pedestrian pathway from the Prior to the
porte cochere to the hotel reception generally in accordance with the commencement of
following: use, and where on
Entry Link Level Plan, prepared by Marchese Partners, dated site, to be
12/11/2021, Dwg. No. 20079 DA1.01, revision 8; and maintained at all
times
Site Plan, prepared by Marchese Partners, dated 12/11/2021, Dwg.
No. 20079 DA1.00, revision 9.
8. (a) The development must provide a bus setdown facility as part of the (a) – (b)
porte cochere at the location shown as numbers 11 and 13 on the Prior to the
Entry Link Level Plan, prepared by Marchese Partners, dated commencement
12/11/2021, Dwg. No. 20079 DA1.01, revision 8. of use and to
be maintained
(b) The bus setdown facility required in part (a) of this condition must be in at all times
accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability (c)
Discrimination Act 1992 and include the following: Prior to the
commencement of
capacity for one (1) single unit rigid bus of 14.5m in length to
traverse the porte cochere as well as provision for the parking of use
one (1) single unit rigid bus of 14.5m within the porte cochere;
kerb modifications in accordance with Swept Path – 14.5, Coach,
prepared by Traffic Transport Plus, dated 01/02/2022, Figure 2,
Revision 1;
provision for the parking of one (1) mini-bus of 8m in length with
8x5 trailer within the porte cochere whilst another mini-bus with
trailer traverses the porte cochere in accordance with Swept Path –
Mini Bus With Trailer, prepared by Traffic Transport Plus, dated
01/02/2022, Figure 5, Revision 1;
lighting in accordance with AS/NZS 1158.3.1 – Lighting for Roads
and Public Spaces, Part 3.1: Pedestrian Area (Category P)
Lighting – Performance and Design Requirements; and
access and hardstand, and shelter with seats, for waiting and
boarding/alighting passengers.
(c) RPEQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.
9. (a) The development must provide a dedicated passenger loading zone (a) - (b)
within the porte cochere at the location shown as number 11 on the Prior to the
Entry Link Level Plan, prepared by Marchese Partners, dated commencement of
State Assessment and Referral Agency Page 5 of 10
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2107-23530 SRA
12/11/2021, Dwg. No. 20079 DA1.01, revision 8. use and to be
maintained at all
(b) The passenger loading zone required in part (a) of this condition must times
be designed and constructed to:
(i) Be suitable for use by a taxi catering for people with disabilities in (c)
accordance with: Prior to the
AS1428.1 - Design for access and mobility; commencement of
AS2890.6 – Parking Facilities, Part 6: Off-street parking use
for people with disabilities;
Chapter 7 – Taxi Facilities of the Public Transport
Infrastructure Manual 2015; and
the Disability Standards for Accessible Public Transport
2002 - subsection 31(1) of the Disability Discrimination Act
1992;
(ii) include lighting in accordance with AS/NZS 1158.3.1 – Lighting
for Roads and Public Spaces, Part 3.1: Pedestrian Area
(Category P) Lighting – Performance and Design Requirements;
and
(iii) provide access and hardstand, and shelter with seats, for waiting
and boarding/alighting passengers.
(c) RPEQ certification, with supporting documentation, must be provided to
the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of Transport
and Main Roads confirming that the development has been designed
and constructed in accordance with parts (a) and (b) of this condition.
10. (a) A RPEQ certified Traffic Management Plan must be prepared and (a) & (b)
given to the Program Delivery and Operations Unit, North Coast Prior to the
Region (via [email protected]) within the Department commencement
of Transport and Main Roads. of use, and
where on site,
(b) The Traffic Management Plan must demonstrate how operation of the to be
porte cochere will be monitored and managed to ensure safe maintained at
movement of vehicle and pedestrians, in particular when a 14.5m all times
coach is traversing the porte cochere when other vehicles are utilising
the same.
(c) The operation of the development must be undertaken in accordance (c)
with the Traffic Management Plan. At all times
during
operation.
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2107-23530 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has
its ordinary meaning.
2. Terms defined in the Glossary of Terms found within the state code 25: Development in South
East Queensland koala habitat areas are taken to have the same meaning in these conditions.
3. A reference to state code 25 is a reference to the version of the state code 25: Development in
South East Queensland koala habitat areas in effect as at the date of this development
approval.
4. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
that applies to all persons undertaking the clearing of koala habitat trees, including that clearing
be undertaken sequentially and in the presence of a koala spotter.
Penalties for non-compliance apply.
For further information please contact the Department of Environment and Science at
[email protected]. Despite this development approval, other permits or approvals may be required for the clearing
of koala habitat. To determine if the proposed clearing requires other approvals under other
local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).
6. The development contains areas mapped as containing a high-risk area on the protected plant
flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site, a clearing permit under the Nature
Conservation Act 1992 may be required.
7. The development contains habitat for threatened and special least concern fauna species. If the
development requires tampering with a protected animal breeding place, a species
management program may be required.
More information on protected animal breeding places and species management programs can
be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
management-program
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2107-23530 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for SARA’s decision are:
The development complies with State code 6: Protection of state transport networks. Specifically, the
development:
provides safe and direct access to public passenger transport infrastructure, including access by
cycling and walking
does not compromise existing safe and direct access to public passenger transport infrastructure,
including access by cycling and walking.
The development complies with State code 25: Development in South East Queensland koala habitat
areas. Specifically, the development:
provides mitigation for the 19 non-juvenile koala habitat trees to be removed via financial offsets
through conditioning, will implement acceptable measures to avoid and mitigate injury or death of
koalas from construction activities.
Material used in the assessment of the application:
The development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
The State Development Assessment Provisions (version 2.6)
The Development Assessment Rules
SARA DA Mapping system
State Planning Policy mapping system
State Assessment and Referral Agency Page 8 of 10
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2107-23530 SRA Attachment 4—Representations about a referral agency response (page left intentionally blank) State Assessment and Referral Agency Page 9 of 10
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2107-23530 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 10 of 10