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Concurrence Agency Report WR16 17764 (I)
Attached to the e-mail MCU16/0044 & REC16/0009 - Amended Concurrence Agency Response SARA.
Our reference: WR16/17764 Queensland Government Department of Infrastructure, Local Government and Planning Council reference: MCU16/0044 and REC16/0009 Your reference: 15024 28 June 2016 Brett de Chastel The Chief Executive Officer Noosa Shire Council PO Box 141 TEWANTIN QLD 4565 Dear Sir, Concurrence agency response—with conditions 253-255 David Low Way PEREGIAN BEACH QLD 4573 and 5-7 Rufous Street PEREGIAN BEACH QLD 4573 Lots 94 & 95 on SP137431 and Lot 1 on SP215942 (Given under section 285 of the Sustainable Planning Act 2009) The referral agency material for the development application described below was received by the Department of Infrastructure, Local Government and Planning (the Department) under section 272 of the Sustainable Planning Act 2009 on 14 March 2016. Applicant details Applicant name: Applicant contact details: Site details Noosa Shire Council C/- Adamson Town Planning PO Box 78 Peregian Beach QLD 4573 www.adamsontownplanning.com.au Street address: Lot on plan: Local government area: Page 1 253-255 David Low Way PEREGIAN BEACH QLD 4573 and 5-7 Rufous Street PEREGIAN BEACH QLD 4573 Lots 94 & 95 on SP137431 and Lot 1 on SP215942 Noosa Shire Council SEQ North Region Level 8, Mike Ahern Building 12 First Avenue PO Box 1129 Maroochydore QLD 4558
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WR16/17764 Application details Proposed development: Development Permit for Material Change of Use (Commercial Business Type 1 Office, Entertainment & Dining Business Type 1 Food & beverages, Wellbeing Type 2 — Social and Open Space Type 1 Sport Recreation); and Development Permit for Reconfiguring a Lot (boundary realignment) Aspects of development and type of approval being sought Nature of Approval Brief Description of Proposal Level of Development Type Assessment Material Change of | Development | Material change of use (Commercial | Impact Use permit Business Type 1 Office, Entertainment | Assessment & Dining Business Type 1 Food & beverages, Wellbeing Type 2 — Social and Open Space Type 1 Sport Recreation) Reconfiguring a Development | Reconfiguring a Lot (boundary Impact Lot permit realignment) Assessment Referral triggers The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009: Referral trigger Schedule 7, Table 3, Item 11—Land contaminated because of unexploded ordnance Conditions Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in Attachment 1 must be attached to any development approval. Reasons for decision to impose conditions Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2. Further advice Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice about the application to the assessment manager—see Attachment 3. Approved plans and specifications The department requires that the following plans and specifications set out below and in Attachment 4 must be attached to any development approval. Drawing/Report Title | Prepared by | Date Reference no. | Version/Issue Aspect of development: material change of use Proposed Boundary _| Murray & Associates _| 14/04/2016 _| 54230 | Revision A Department of Infrastructure, Local Government and Planning Page 2
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vze Garth Nolan Jf Manager (Planning) Ps WR16/17764 and Realignment between Lots 94 & 95 on SP137431, prepared by, dated, Ground floor plan Sparks Architects Date stamped | drawing N/A 28 JUNE 2016 | number SD B1.1 Site Plan Sparks Architects Date stamped | drawing N/A 28 JUNE 2016 | number SD A.1.2. A copy of this response has been sent to the applicant for their information. For further information, please contact Rebecca Taylor, Principal Planning Officer on 3882 8411 or email [email protected] and she will be pleased to assist. Yours sincerely A gfe cc: Noosa Shire Council, C/- Adamson Town Planning '[email protected]' enc: Attachment 1—Conditions to be imposed Attachment 2—Reasons for decision to impose conditions Attachment 3—Further advice Attachment 4—Approved Plans and Specifications Department of Infrastructure, Local Government and Planning Page 3
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WR16/17764 Our reference: WR16/17764 Council reference: MCU16/0044 and REC 16/0009 Your reference: 15024 Attachment 1—Conditions to be imposed No. | Conditions Condition timing Development Permit - Material Change of Use and Reconfiguration of a Lot Schedule 7, Table 3, Item 11 - Land contaminated because of unexploded ordnance —Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of Department of Environment and Heritage Protection to be the assessing 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. The development must be carried out generally in accordance with the Prior to the following plans: commencement « Proposed Boundary and Realignment between Lots 94 & 95 on of use and to SP137431, prepared by Murray & Associates, dated 14/04/2016, be maintained at all times. reference number 54230 revision A; e Ground floor plan, prepared by Sparks Architects, drawing number SD B1.1; and e Sit Plan, prepared by Sparks Architects, drawing number SD A.1.2. 2. Provide written confirmation to the Department of Environment and Heritage Prior to the Protection by an approved contractor on the Australian Government, Department commencement of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been of any works. remediated and cleared of Unexploded Ordnances. The Unexploded Ordnance (UXO) Panel is found online at: http:/Amww.defence.gov.au/estatemanagqement/support/DEHP/WhoToEngage.asp. Contact Contaminated Land Registry Team [email protected] Department of Environment and Heritage Protection GPO Box 2454, Brisbane QLD 4001 Phone: 1300 130372 Department of Infrastructure, Local Government and Planning Page 4
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WR16/17764 Our reference: WR16/17764 Council reference: MCU16/0044 and REC16/0009 Your reference: 15024 Attachment 2—Reasons for decision to impose conditions The reasons for this decision are: e To ensure the development is carried out generally in accordance with the plans of development submitted with the application; and e Toensure the development manages the land in a manner that protects human safety and the environment. Department of Infrastructure, Local Government and Planning Page 5
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WR16/17764 Our reference: WR16/17764 Council reference: MCU16/0044 and REC16/0009 Your reference: 15024 Attachment 3—Further advice Warnings and Advice for Lot 94 & 95 on $P137431 Categorisation Criteria - ‘Substantial’ listing 1. Sites categorised as being ‘substantial’ will have a history of numerous UXO finds or heavy residual fragmentation. Areas likely to be assessed as substantial include impact areas, demolition sites and areas of heavy explosive ordnance dumping. 2. Provide the owner, occupier and any person employed to work on the subject site the following information: 1. Residual UXO may still exist following remediation and all work should proceed with due caution. 2. The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: Advise the Police as soon as possible. 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. Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors may use the following websites: DEHP: http://www.ehp.qid.gov.au/assets/documents/regulation/cl-is-area-advice-uxo,pdf OR Commonwealth Defence Force hitp://Awww.defence.gov.au/uxo/ General Advice 3. All land usage may continue without specific UXO search or remediation, subject to an appropriate risk assessment. Development and/or land usage re-zoning proposals for land parcels considered to be subject to a substantial UXO should only proceed following the conduct of UXO investigation and remediation. (please refer to the defense web page regarding UXO investigation and remediation advice: http://www.defence.gov.au/UXO/PanelStreams.asp Department of infrastructure, Local Government and Planning Page 6
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WR16/17764 Our reference: WR16/17764 Council reference: MCU16/0044 and REC16/0009 Your reference: 15024 Attachment 4—-Approved plans and specifications This page has been left intentionally blank. Department of Infrastructure, Local Government and Planning Page 7
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