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2209-31078 SRA - Response with Conditions

Attached to the e-mail MCU22/0154 - SRA application correspondence - Referral agency response – with conditions.

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RA6-N




SARA Reference:      2209-31078 SRA
Council Reference:   MCU22/0154
Applicant Reference: 204099.T003



26 September 2022

Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
[email protected]

Attention:       Nadine Gorton


Dear Ms Gorton


SARA Response—214 David Low Way, Peregian 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 21 September 2022.


Response
Outcome:                          Referral agency response – with conditions
Date of Response:                 26 September 2022
Conditions:                       The condition 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 Caretaker’s
                                                              Accommodation, Food and Drink Outlet &
                                                              Office
SARA Role:                         Referral Agency
SARA Trigger:                      Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) –
                                   Contaminated premises (unexploded ordnance)
SARA Reference:                    2209-31078 SRA


                                                         South East Queensland (North) regional office
                                                         Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore
 Page 1 of 5                                             PO Box 1129, Maroochydore QLD 4558
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2209-31078 SRA - Response with Conditions.pdf · 237 KB (small file)

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Page 2

                                                                                              2209-31078 SRA




Assessment Manager:                     Noosa Shire Council
Street Address:                         214 David Low Way, Peregian Beach
Real Property Description:              Lot 74 on P9313
Applicant Name:                         AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary Trust
Applicant Contact Details:              c/- NorthGroup Consulting
                                        3A/32 Billabong Street
                                        STAFFORD QLD 4053
                                        [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 Cavannah Deller, A/ Senior Planning Officer, on 07 3244 9343 or
via email [email protected] who will be pleased to assist.

Yours sincerely




David Hooper
Manager

cc      AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary Trust c/-NorthGroup Consulting,
        [email protected]

enc     Attachment 1 – Referral Agency Condition
        Attachment 2 – Advice to the Applicant
        Attachment 3 – Reasons for Referral Agency Response
        Attachment 4 – Representations about a Referral Agency Response Provisions




 State Assessment and Referral Agency                                                            Page 2 of 5

Page 3

                                                                                                2209-31078 SRA




Attachment 1—Referral Agency Condition
(Under section 56(1)(b)(i) of the Planning Act 2016 the following condition must be attached to any development
approval relating to this application)


  No.     Conditions                                                                  Condition Timing
  10.4.3.1.1—Contaminated premises (unexploded ordnance)—The chief executive administering the
  Planning Act 2016 nominates the Director-General of the Department of State Development,
  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 the
          Infrastructure, Local Government and Planning by an approved                commencement of
          contractor on the Australian Government, Department of Defence,             works
          Unexploded Ordnance (UXO) Panel that the subject site has been
          remediated and cleared of unexploded ordnances.
          The UXO Panel is found online at:
          http://www.defence.gov.au/estatemanagement/support/dehp/WhoToE
          ngage.asp




 State Assessment and Referral Agency                                                              Page 3 of 5

Page 4

                                                                                         2209-31078 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) version 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 unexploded ordnance (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/
           Commonwealth Department of Defence - http://www.defence.gov.au/uxo/




State Assessment and Referral Agency                                                        Page 4 of 5

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                                                                                      2209-31078 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 proposed development complies with State code 13: Unexploded ordnance of SDAP. Specifically,
the development has been conditioned to ensure the substantial unexploded ordnance potential is
investigated and, where necessary, remediated so as not to place another part of the environment, or
human health, at risk.

Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      SDAP (version 3.0), as published by SARA
      Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019.



Attachment 4—Representations about a Referral Agency Response
Provisions
(page left intentionally blank)




    State Assessment and Referral Agency                                                 Page 5 of 5

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