2311-37804 SRA - Response with conditions

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                                                                                                 2303-33978 SRA




                                          Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
                                           (10.9.4.2.4.1) (Planning Regulation 2017)
                                           Material change of use on a premise that is within 25m of a State
                                           transport corridor and within 100m of a State-controlled road
                                           intersection


SARA reference:                         2311-37804 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         561 Eumundi Noosa Road, Doonan
Real property description:              Lot 77 on SP298776
Applicant name:                         Noosa Council
                                        C/- Adamson Town Planning
Applicant contact details:               28 Eenie Creek Rd
                                         Noosaville QLD 4566
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Human Rights Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights


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 3.

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

For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      Noosa Council, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Reasons for referral agency response
        Attachment 3 - Representations about a referral agency response provisions
        Attachment 4 - Documents referenced in conditions




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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) (Copies of the documents referenced below are found at Attachment 4)


 No.       Conditions                                                                   Condition timing
 Material change of use
 10.3.4.3.1 – Clearing native vegetation - The chief executive administering the Planning Act 2016
 nominates the Director-General of the Department of Resources 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.        Clearing of vegetation must:                                                 At all times
           (a) only occur within Area A (Part A1) as shown on the attached:
               i.   Vegetation Management Plan, prepared by Queensland
                    Government, reference VMP 2311-37804 SRA, Sheet 1 of
                    1, version 1; and
           (b) not exceed 0.81 hectares.

 2.                                                                                     Prior to commencing
      Enter into an agreed delivery arrangement to deliver an environmental
                                                                                        any works that impact
            offset in accordance with the Environmental Offsets Act 2014 to
                                                                                        on the matter of
            counterbalance the significant residual impacts on the matter of
            state environmental significance being:                                     environmental
                                                                                        significance
      0.81 hectares of remnant vegetation intersecting with a wetland within the
            following regional ecosystems:
              i.    0.64 hectares of Least Concern Regional Ecosystem
                    12.3.13, and
             ii.    0.17 hectares of Endangered Regional Ecosystem 12.5.3.




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Attachment 2—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The proposal is for a development permit ‘other change’ to an existing development approval
   (2005/638) for material change of use for use of the premise to expand the existing landfill operation
 The subject site is located within 25 metres of a state-controlled road and involves clearing of
   approximately 0.81ha of mapped regulated vegetation category B, of which 0.64 ha is mapped as
   wetland and 0.17 ha is within 100 m of the wetland.
 SARA assessed the development application against State code 1: Development in a
   state-controlled road environment of the SDAP, version 3.0 and determined that without conditions,
   the development achieves compliance with the performance outcomes of the State code.
 SARA assessed the development application against State code 16: Native vegetation clearing
   of the SDAP, version 3.0 and determined that the development complies with the relevant
   performance outcomes, subject to conditions to ensure:
        o Vegetation clearing is limited to 0.81ha of mapped regulated vegetation category B
        o Clearing of the mapped wetland and matters of state environmental significance (MSES) is
           mitigated through the provision of an environmental offset in accordance with the
           Environmental Offsets Act 2014

Material used in the assessment of the 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
      State Planning Policy mapping system [delete if not used]
      section 58 of the Human Rights Act 2019



Attachment 3—Representations about a referral agency response
provisions
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Attachment 4—Documents referenced in conditions
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