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2502-44623 SPD - Changed referral agency response minor change to development approval · 132008.176.06
Attached to the e-mail 132008.176.06 - SARA Response - Decision for change application.
RE6-N SARA reference: 2502-44623 SPD Council reference: 132008.176.05 Applicant reference: 22070 27 June 2025 Calile Malouf Investments Pty Ltd as trustee c/- Project Urban [email protected] Attention: Mr Scott Sobey Dear Mr Sobey SARA change application decision—3 and 7 Serenity Close, Noosa Heads (Given under section 83 of the Planning Act 2016) I refer to your application made on 11 February 2025 to the State Assessment and Referral Agency (SARA) requesting a change to an existing development approval issued on 24 October 2024 (negotiated decision issued on 4 March 2025) for the following: Development Permit for Material Change of Use – Resort Complex and Shop. SARA has assessed your application to make a change to the existing development approval. Decision for change application Date of decision: 27 June 2025 SARA reference: 2502-44623 SPD Decision details: Make the change and amend existing conditions Changes agreed to: 1. Increase to the number of non-juvenile koala habitat trees being removed and updated plan titles. 2. Revised ground floor plan including on-street bus stop location and passenger loading zone configuration. Reasons: The reasons for the responsible entity decision are in Attachment 1 The following copy of the referral agency response including the above changes replaces the previous referral agency response issued for the original development application. Page 1 of 13 Koala Planning Team
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Page 2
2502-44623 SPD
Changed response
Outcome: Referral agency response – with conditions
Date of original response: 26 October 2023
Original reference: 2210-31715 SRA
Conditions: The conditions in Attachment 2 must be attached to any
development approval
Advice: Advice to the applicant is in Attachment 3
Development details
Description: Development permit for material change of use – other change to
include Resort Complex and Shop
SARA role: Referral agency
SARA triggers: Planning Regulation 2017:
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1—
Development impacting on state transport infrastructure
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1—
Development interfering with koala habitat in koala habitat areas
outside koala priority areas.
Assessment manager: Noosa Shire Council
Street address: 3 and 7 Serenity Close, Noosa Heads
Real property description: Lot 11 on SP195871 and Lot 10 on SP335472
Applicant name: Calile Malouf Investments Pty Ltd
c/- Project Urban
Applicant contact details: PO Box 6380
Maroochydore BC QLD 4558
[email protected]
Additional details
Native title considerations: Native title is considered to be extinguished in accordance with module
AB of the Native Title Work Procedures.
Human Rights Act 2019 Consideration of the Human Rights Act 2019 sections 15 to 35 has
considerations: been undertaken as part of this response. It has been determined that
this response does not limit human rights.
Dispute resolution
Appeal: The rights of applicants to appeal to a tribunal or the Planning and
Environment Court against decisions about a change application are
set out in Chapter 6, Part 1 of the Planning Act 2016. Copies of the
relevant provisions are in Attachment 4.
State Assessment and Referral Agency Page 2 of 13
Page 3
2502-44623 SPD
For further information please contact Poppy Ellis-Southwell, Principal Planning Officer, on
(07) 5644 3214 or via email [email protected] who will be pleased to assist.
Yours sincerely
Kieran Hanna
Manager (Planning)
enc Attachment 1 - Reasons for responsible entity decision
Attachment 2 – Changed referral agency conditions
Attachment 3 – Changed advice to the applicant
Attachment 4 – Appeal provisions
Attachment 5 – Documents referenced in conditions
cc Noosa Shire Council, [email protected]
State Assessment and Referral Agency Page 3 of 13
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2502-44623 SPD
Attachment 1—Reasons for responsible entity decision
(Given under section 83(9) of the Planning Act 2016)
The reasons for SARA’s decision are:
The development was assessed as being minor in accordance with the Planning Act 2016 and the
Development Assessment Rules.
SARA assessed the development against the following codes of the State Development Assessment
Provisions (SDAP), version 3.0:
o State code 6: Protection of state transport networks (State code 6)
o State code 25: Development in South East Queensland koala habitat areas (State code 25).
The development complies with the assessment benchmarks of State code 6 of SDAP in that the
development:
o protects state transport infrastructure, public passenger transport infrastructure, active
transport infrastructure and public passenger services from the adverse impacts of
development;
o maintains the operating performance of the transport network;
o ensures development enables safe and convenient access to public passenger transport;
o does not create a safety hazard for users of state transport infrastructure or public passenger
services by increasing the likelihood or frequency of a fatality or serious injury;
o does not result in worsening of the physical condition or operating performance of the state
transport network;
o provides public passenger transport infrastructure to enable development to be services by
public passenger transport;
o provides safe and direct access to public passenger transport infrastructure or active
transport infrastructure, including access by cycling and walking.
The development complies with the assessment benchmarks of State code 25 of SDAP in that the
development:
o does not cause an unacceptable impact on mapped koala habitat areas;
o is designed and located to avoid impacts or, where the matters of state environmental
significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
o results in a significant residual impact that is acceptable, and an offset is provided.
Material used in the assessment of the change application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019.
State Assessment and Referral Agency Page 4 of 13
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2502-44623 SPD
Attachment 2—Changed 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 documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Development permit for material change of use for Resort Complex and Shop
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017)—
Development interfering with koala habitat in koala habitat areas outside koala priority areas —SEQ
Koala Habitat Area Development interfering with koala habitat in koala habitat areas outside
koala priority areas—The chief executive administering the Planning Act 2016 nominates the
Director-General of Department of Environment and Science the Department of the Environment,
Tourism, Science and Innovation 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. No koala habitat trees on the subject site will be removed or disturbed as At all times.
a consequence of the operational works except for 82 Interfering with
koala habitat is limited to the clearing of 106 non-juvenile koala habitat
trees identified as ‘Removed (NJKHT)’ on KTSP04a: Trees Retained and
Removed, prepared by Litoria Consulting, drawing reference 22011
KTSP04a, issue B C, dated 10/10/2023 30/01/2025.
2. Prior to any building or operational works being undertaken prepare a (a) – (d) Prior to
Koala Fauna Management Plan, which must: any building or
(a) Identify the clearing and construction activities that may increase the operational works
risk of stress, injury or death of koalas; being undertaken.
(b) Detail the management measures that will be implemented during (e) At all times
clearing and construction works to prevent the risks identified in part during clearing and
(a) of this condition, including but not limited to all of the following: construction works.
(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;
(vii). Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian Standard
AS4970-2009;
(viii). The use of fauna exclusion fencing;
(ix). Measures to minimise the impact of construction related dust
on adjacent koala habitat;
(x). Signage in areas of vehicular traffic on site;
(xi). Measures to manage the risks posed by dogs (e.g., guard
dogs) on site;
(xii). Measures to raise awareness amongst construction workers
State Assessment and Referral Agency Page 5 of 13
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2502-44623 SPD
No. Conditions Condition timing
of koalas on and near the construction activities.
(c) Be certified by a suitably qualified and experienced person.
AND
(d) Submit the Koala Fauna Management Plan to the Department of the
Environment, Tourism, and Science and Innovation at
[email protected]
(e) Implement the management measures contained in the Koala Fauna
Management Plan.
3. (a) Prepare a rehabilitation plan for areas identified as environmental (a) and (b) Prior to
management and conservation zone within Landscape Plan, DA RFI commencing any
Response Comparison, prepared by Richards and Spence, drawing clearing or
reference 2100014, Rev C. The rehabilitation plan must be prepared construction works.
by an appropriately qualified person(s), and must address as a
minimum: (c) To commence
(i). details of the rehabilitation objectives for the site; no more than 1
(ii). the number of Koala habitat trees to be established on the month after the
site; completion of
(iii). the planting palette and planting density of the proposed clearing and
rehabilitation; construction works.
(iv). details of how the vegetation planted as a result of the
rehabilitation work will be suitably maintained. (d) Within 3 months
from the
(b) Provide the rehabilitation plan to the Department of the completion of the
Environment, Tourism, and Science and Innovation at rehabilitation
[email protected] or mail to: works.
Koala Assessment and Compliance
Department of the Environment, Tourism, and Science and
Innovation
GPO Box 2454 15187 Brisbane City East, Queensland 4001 4002
(c) Undertake the rehabilitation of the site in accordance with the
rehabilitation plan;
(d) Certification by an appropriately qualified person(s) that (a), (b) and
(c) have been fulfilled, must be provided to the Department of the
Environment, Tourism, and Science and Innovation at:
[email protected]
OR
Koala Assessment and Compliance
Department of Environment and Science
GPO Box 2454 Brisbane Queensland 4001
4. Deliver an environmental offset in accordance with the Environmental Prior to
Offsets Act 2014 to counterbalance the significant residual impacts on the commencing any
State Assessment and Referral Agency Page 6 of 13
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2502-44623 SPD
No. Conditions Condition timing
matter of state environmental significance being 34 58 non-juvenile koala clearing works.
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 here:
https://www.qld.gov.au/environment/pollution/management/offsets/deliveri
ng.
Please send the notice of election to [email protected]
[email protected]. Prior to the commencement of clearing activities, notify the Department of 72 hours prior to
the Environment, Tourism, and Science and Innovation at commencement of
[email protected] of: vegetation clearing.
the expected date the clearing activity will commence;
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.
6. Any pools to be constructed must be designed, constructed, and At all times.
maintained as koala-safe pools as described in the Koala Sensitive
Design Guideline (Version 3), prepared by the Department of the
Environment, Tourism, and Science and Innovation dated December
2022.
7. (a) Provide a Fauna Management Plan prepared by a suitably qualified (a) and (b) prior to
and experienced person, in accordance with the Koala Sensitive operational works
Design Guideline (Version 3), prepared by the Department of the occurring within the
Environment, Tourism, and Science and Innovation dated December site.
2022, to minimise impacts to koalas and other wildlife inhabiting or
moving through the site. (c) Within 30 days
of completion of
Required koala protection measures must include, but are not limited vegetation clearing.
to:
Signage depicting a koala and maximum speed limit of 20km/h
should be erected at the entrance to the site to inform visitors
that koalas may be present on the site
Traffic calming devices must be installed along the main
entrance and internal roads where they intersect with, or are
directly adjacent to koala movement corridors on the site
Artificial lighting on the subject site must be operated to ensure
it is directed away from the adjacent conservation areas and
other fauna corridors to minimise impacts to koalas and other
State Assessment and Referral Agency Page 7 of 13
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2502-44623 SPD
No. Conditions Condition timing
wildlife inhabiting or moving through the site
The location of any koala exclusion fencing and/or koala
inclusion fencing.
(b) Submit the Fauna Management Plan to the Department of the
Environment, Tourism, and Science and Innovation at
[email protected]
(c) Implement the management measures contained in the Fauna
Management Plan.
Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 (Planning Regulation 2017)—
Development impacting on state transport infrastructure —Protection of State Transport Networks
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 condition(s):
8. (a) The development must provide a private bus stop on the Serenity (a) – (d) Prior to
Close frontage of the site, adjacent to the development's pedestrian the
entry, at the location shown on the Plan-GA-Ground Floor, prepared commencement of
by Richards and Spence, drawing reference SD-A-01- 03-G AR-01- use.
03-G, revision K D, dated 05/07/2023 16.06.25, as amended in red.
(b) The private bus stop required in part (a) of this condition must be in
accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:
(i) a bus zone with minimum capacity for the set down of one
single unit rigid bus of 14.5m in length
(ii) bus zone signs R5-20 at either end of the bus zone and
pavement marking in accordance with AS1742.11 – Manual of
uniform traffic control devices, Part 11: Parking controls
(iii) 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
(iv) access and hardstand for waiting and boarding/alighting
passengers
(v) a paved pedestrian footpath adjacent to the bus zone for its
entire length and extending to the development's pedestrian
entry stairs and ramp in Serenity Close.
(c) Provide no stopping signage (R5-35) and pavement marking in
accordance with AS1742.11 – Manual of uniform traffic control
devices, Part 11: Parking controls in the Serenity Close cul-de-sac,
excluding vehicle crossovers.
(d) RPEQ certification, with supporting documentation, must be provided
State Assessment and Referral Agency Page 8 of 13
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2502-44623 SPD
No. Conditions Condition timing
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 (c) of this
condition.
9. (a) The development must provide a passenger loading zone adjacent to (a) – (b) Prior to
the check-in lounge and reception at the location shown on Plan-GA- the
Ground Floor, prepared by Richards and Spence, drawing reference commencement of
SD-A-01- 03-G AR-01-03-G, revision K D, dated 05/07/2023 16.06.25, use and to be
as amended in red. maintained at all
times.
(b) The passenger loading zone required in part (a) of this condition must
be in accordance with the Disability Standards for Accessible Public (c) Prior to the
Transport 2002 made under subsection 31(1) of the Disability commencement of
Discrimination Act 1992 and include the following: use.
(i) a passenger loading zone with minimum capacity for the
concurrent parking of 3 x B99 standard vehicles, 1 x wheel
chair accessible taxi and 2 x mini-buses of 6.99m in length in
total, parallel to kerb a continuous northern passenger
loading zone parallel to kerb with minimum dimensions
of 23.4m x 2.5m;
(ii) a continuous southern passenger loading zone parallel
to kerb with minimum dimensions of 19m x 3.2m;
(ii) (iii) one wheelchair accessible parking bay designated by
signage and pavement marking at the front of the queue in
accordance with the southern passenger loading zone in
(ii) above, designed (not designated) to allow for the
parking of at least one wheelchair accessible taxi in
accordance with the following:
AS1428.1 - Design for access and mobility;
AS2890.6 – Parking Facilities, Part 6: Off-street parking
for people with disabilities; and
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;
(iii) the remainder of the passenger loading zone to be
continuous with unmarked bays for the parking of vehicle
combinations including B99 standard vehicles and minibuses
of 6.99m in length;
(iv) passenger loading zone signs - R5-23 (passengers – 2 or 15
minute), placed at either end of the zone, signage and line
marking in accordance with AS1742.11 – Manual of uniform
traffic control devices, Part 11: Parking controls; or the
equivalent private signage and line marking to designate:
the northern passenger loading zone in item (i) of this
condition, to standard taxis, booked hire services and
private vehicles with passengers – 2 minute parking;
and
State Assessment and Referral Agency Page 9 of 13
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2502-44623 SPD
No. Conditions Condition timing
southern passenger loading zone in item (ii) of this
condition, to mini-buses and PWD drop-off/pick-up
with passengers ¼ hour parking;
(v) 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
(vi) 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.
State Assessment and Referral Agency Page 10 of 13
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2502-44623 SPD
Attachment 3—Changed 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) (version 3.0). 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 apply 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 the Environment, Tourism and
Science and Innovation 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/speciesmanagement-program.
State Assessment and Referral Agency Page 11 of 13
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2502-44623 SPD Attachment 4—Appeal provisions (page left intentionally blank) State Assessment and Referral Agency Page 12 of 13
Page 13
2502-44623 SPD Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 13 of 13
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