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RA6-N Response with conditions · MCU18/0135

Attached to the e-mail SARA Response with conditions - MCU18/0135.

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RA6-N




SARA reference:        1809-7260 SRA
Council reference:     MCU18/0135
Applicant reference:   180709

23 October 2018

The Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]

Attention:        Lisa Pienaar

Dear Sir/Madam

Referral agency response—with conditions
(Given under section 56 of the Planning Act 2016)

The development application described below was properly referred to the Department of State
Development, Manufacturing, Infrastructure and Planning on 13 September 2018.

Applicant details
Applicant name:                     Marc and Karen Murray c/ ADAMS + SPARKES Town Planning
Applicant contact details:          Sam Robinson
                                    PO Box 1000
                                    BUDDINA QLD 4575
                                    [email protected]

Location details
Street address:                     512 David Low Way, Castaways Beach
Real property description:          15SP111721
Local government area:              Noosa Shire Council

Application details
Development permit                  Material change of use for detached house



Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:

                                                                      South East Queensland (North) regional
                                                                      office
                                                                      Mike Ahern Building, Level 3, 12 First
                                                                      Avenue, Maroochydore
Page 1 of 4                                                           PO Box 1129, Maroochydore QLD 4558
Full text of the other 3 pages

Page 2

                                                                                              1809-7260 SRA




         10.4.3.1.1                         Contaminated land (unexploded ordnance)

Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.

Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Advice to the applicant.
The department offers the following advice about the application to the applicant.

General advice
1.        Provide the owner, occupier and any person employed to work on the subject site the following
          information:
             (a) Residual UXO may still exist following remediation and all work should proceed with due
             caution.
             (b) The procedure to be followed by any person finding an object suspected of being explosive
             ordnance or component thereof:
                  (i) Advise the Police immediately.
                  (ii) Do not disturb the object.
                  (iii) Take action, where appropriate, to prevent it being disturbed.
             (c) another person.
                  (i) Note its approximate dimensions and general appearance.
                  (ii) Note the route to its location.
          Applicants wanting to find out more details of area management advice (AMA), current UXO
          investigations and remedial search contractors may use the following websites:
             Department of Environment and Science - https://www.des.qld.gov.au/ OR
             Commonwealth Department of Defence - http://www.defence.gov.au/uxo/

A copy of this response has been sent to the applicant for their information.

For further information please contact Luke Farrelly, Senior Planning Officer, on 0753529774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc        Marc and Karen Murray c/ ADAMS + SPARKES Town Planning, [email protected]

enc       Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions




Department of State Development, Manufacturing, Infrastructure and Planning                     Page 2 of 4

Page 3

                                                                                       1809-7260 SRA



Attachment 1—Conditions to be imposed


                                                                                     Condition
No.    Conditions
                                                                                     timing
Material change of use
10.4.3.1.1 Contaminated Land (unexploded ordinance) —The chief executive administering the Planning
Act 2016 nominates the Director-General of the Department of State Development, Manufacturing,
Infrastructure and Planning 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 condition(s):
1.     Provide written confirmation to the Department of State Development,          Prior to
       Manufacturing, Infrastructure and Planning by an approved contractor on the   commencement
       Australian Government, Department of Defence, Unexploded Ordnance (UXO)       of works
       Panel that the subject site has been remediated and cleared of Unexploded
       Ordnances.
       The Unexploded Ordnance (UXO) Panel is found online at:
       http://www.defence.gov.au/estatemanagement/support/dehp/WhoToEngage.asp




Department of State Development, Manufacturing, Infrastructure and Planning               Page 3 of 4

Page 4

                                                                                       1809-7260 SRA



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
  To ensure the development manages the land in a manner that protects human safety and the
    environment.

Findings on material questions of fact
  The proposed development is for a material change of use – dwelling house.
  DSDMIP as referral agency (concurrence) requires a one condition and one advice note to be
    attached to any approval.

Evidence or other material on which the findings were based
 Development application material uploaded to MyDAS2
 State Development Assessment Provisions published by the Department of State Development,
    Manufacturing, Infrastructure and Planning
 Planning Act 2016
 Planning Regulation 2017




Department of State Development, Manufacturing, Infrastructure and Planning               Page 4 of 4

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