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2210-31738 SRA - Response with conditions (MCU220180 and OPW220257)

Attached to the e-mail MCU22/0180 & OPW22/0257 - SARA Response.

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RA6-N




SARA reference:        2210-31738 SRA
Council reference:     MCU22/0180 & OPW22/0257
Applicant reference:   22336



7 November 2022

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

Attention:       Lisa Pienaar


Dear Sir/Madam,


SARA response—14 Orealla Crescent, Sunrise Beach
(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 3 November 2022.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   7 November 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 for a dual
                                                               occupancy and associated operational
                                                               works (earthworks, stormwater,
                                                               landscaping, crossover and clearing
                                                               vegetation)

SARA role:                         Referral Agency
SARA trigger:                      Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation

                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Mike Ahern Building, Level 3, 12 First
                                                                             Avenue, Maroochydore
 Page 1 of 6                                                                 PO Box 1129, Maroochydore QLD 4558
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Page 2

                                                                                                2210-31738 SRA




                                        2017)

                                        Development application for a material change of use on premises
                                        with substantial unexploded ordnance potential
SARA reference:                         2210-31738 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         14 Orealla Crescent, Sunrise Beach
Real property description:              Lot 141 on RP132135
Applicant name:                         Carly and Mathew Deighton
                                        C/- Project Urban
Applicant contact details:               PO Box 6380
                                         Maroochydore BC QLD 4558
                                         [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 Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Carly and Mathew Deighton c/- Project Urban, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions




 State Assessment and Referral Agency                                                              Page 2 of 6

Page 3

                                                                                                    2210-31738 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)


                                                                                                   Condition
 No.    Conditions
                                                                                                   timing
 Development permit – Material change of use
 Schedule 10, part 4, division 3, table 1, item 1 – Contaminated land (unexploded ordnance)—The chief
 executive administering the Planning Act 2016 nominates the Director-General of the Department of
 State Development, Infrastructure, Local Government 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:
 1.     Provide written confirmation to the Department of State Development,                       Prior to the
        Infrastructure, Local Government and Planning by an approved contractor on                 commencement
        the Australian Government, Department of Defence, Unexploded Ordnance                      of works.
        (UXO) 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




 State Assessment and Referral Agency                                                                   Page 3 of 6

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                                                                                         2210-31738 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) 3.0. If a word remains undefined it has
        its ordinary meaning.
2.      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:
             advise the Police immediately
             do not disturb the object
             take action, where appropriate, to prevent it being disturbed by another person
             note its approximate dimensions and general appearance
             note the route to its location.

         (c) 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 http://www.ehp.qld.gov.au OR
             Commonwealth Department of Defence http://www.defence.gov.au/uxo/.




State Assessment and Referral Agency                                                         Page 4 of 6

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                                                                                         2210-31738 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARAs decision are:
 The proposal is for a development permit for material change of use and associated operational
   works for a dual occupancy.
 The subject site is located in an area with substantial unexploded ordnance potential.
 SARA assessed the development application against State code 13: Unexploded ordnance of the
   SDAP, version 3.0 and determined that with conditions, the development achieves compliance with
   the performance outcomes of the State code.

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 3.0), as published by SARA
      The Development Assessment Rules
      SARA DA Mapping system




    State Assessment and Referral Agency                                                    Page 5 of 6

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                                                2210-31738 SRA




Attachment 4—Change representation provisions
(page left intentionally blank)




 State Assessment and Referral Agency              Page 6 of 6

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