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MCU14/0084 - Applicant's copy of Concurrence agency response with conditions

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Our reference:    SDA-1114-015945
Your reference:   MCU14/0084


Date: 30 January 2015

The Chief Executive Officer
Noosa Shire Council
PO Box 41
TEWANTIN QLD 4565

Dear Sir/Madam

Concurrence agency response—with conditions
71 Seaview Terrace, Sunshine Beach QLD 4567 (Lot 1 RP197117)
(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 State Development, Infrastructure and Planning under section 272 of
the Sustainable Planning Act 2009 on 10 December 2014.

Applicant details
Applicant name:                     Universal Property Company Establishment
Applicant contact details:          C/- Martoo Consulting Pty Ltd
                                    PO Box 1684
                                    NOOSA HEADS QLD 4567
                                    [email protected]

Site details
Street address:                     71 Seaview Terrace, Sunshine Beach QLD 4567
Lot on plan:                        Lot 1 RP197117
Local government area:              Noosa Shire Council




Page1                                                               SEQ North Region
                                                                    Level 8, Mike Ahern Building
                                                                    12 First Avenue
                                                                    PO Box 1127 Maroochydore QLD 4558
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Page 2

                                                                                           SDA-1114-015945


Application details
Proposed development:                        Development Permit for Material Change of Use (Detached
                                             House)

Aspects of development and type of approval being sought
 Development type:                             Material Change of Use
 Approval type:                                Development permit


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 5 – Coastal management districts

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     Version/Issue
                                                                               no.
Material change of use – Coastal management districts
Site Plan                  TOD Consulting     10/10/14                     14517-OP03     Revision B
                           Engineers
Earthworks – Cut Plan      TOD Consulting     10/10/14                     14517-OP10     Revision B
                           Engineers

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




Department of State Development, Infrastructure and Planning                               Page 2

Page 3

                                                                                            SDA-1114-015945

If you require any further information, please contact Celeste Bownds, Senior Planning Officer,
on 5352 9707, or via email [email protected] who will be pleased to assist.

Yours sincerely




Sarah Doring
A/ Manager (Planning)

cc:       Universal Property Company Establishment c/- Martoo Consulting; [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 State Development, Infrastructure and Planning                                Page 3

Page 4

                                                                                            SDA-1114-015945




Our reference:        SDA-1114-015945
Your reference:       MCU14/0084


Attachment 1—Conditions to be imposed


No.         Conditions                                                             Condition timing
Material change of use – Coastal management districts
Schedule 7, Table 3, Item 5 – Coastal management districts —Pursuant to section 255D of the
Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-
General of the 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        At all times
          with the following plans:

                      ‘Site Plan’ prepared by TOD Consulting Engineers dated
                       10/10/14, drawing number 14517-OP03, Revision B
                      ‘Earthworks – Cut Plan’ prepared by TOD Consulting
                       Engineers dated 10/10/14, drawing number 14517-OP10,
                       Revision B.


2.          During the construction phase of the works:                            For the duration of
                                                                                   the works the subject
             (a) install and maintain all measures, plant and equipment            of this approval
                     necessary to ensure compliance with these conditions;

             (b) only use materials which are:
                  i.  clean and free of silt;
                 ii.  free from pests, chemicals and other contaminants
                      as defined under section 11 of the Environmental
                      Protection Act 1994; and
                iii.  suitable for the purpose; and

             (c) promptly remove any material or debris which has been
                 deposited within the coastal management district or tidal
                 waters, other than in accordance with this approval.


3.          Erosion and sediment control measures are to be installed and          Prior to
            maintained to prevent the release of sediment to tidal waters.         commencement of
                                                                                   the works and
                                                                                   maintained until
                                                                                   their completion


4.          Should the works become damaged as a result of erosion,                At all times
            flooding or storm tide inundation, the registered landowner(s) of
            the land to which the works are attached, shall be responsible for
            the collection and removal of all debris, previously being a part of
            the works, at their own expense.

5.          Any disturbed or oxidised acid sulfate soil must be treated and        For the duration of
            managed in accordance with the current Queensland Acid Sulfate         the works the subject
            Soil Technical Manual: Soil Management Guidelines v4.0,                of this approval




Department of State Development, Infrastructure and Planning                                  Page 4

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                                                                                    SDA-1114-015945




No.         Conditions                                                       Condition timing
            prepared by the Department of Science, Information Technology,
            Innovation and the Arts, 2014.




Department of State Development, Infrastructure and Planning                          Page 5

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                                                                                SDA-1114-015945




Our reference:        SDA-1114-015945
Your reference:       MCU14/0084


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 Condition 1: To ensure the development is carried out generally in accordance with the
   plans of development submitted with the application.

    Condition 2: To ensure the development avoids or minimises adverse impacts on
     coastal resources and their values.

    Condition 3: To ensure the development avoids or minimises adverse impacts on
     coastal resources and their values.

    Condition 4: To ensure landowners are aware they must take responsibility for their
     damaged property as they can impact on coastal resources and public safety.

    Condition 5: To manage environmental risk during the operational works.




Department of State Development, Infrastructure and Planning                      Page 6

Page 7

                                                                                  SDA-1114-015945




Our reference:        SDA-1114-015945
Your reference:       MCU14/0084


Attachment 3—Further advice


General advice
1.       Areas of essential habitat on the essential habitat map for wildlife prescribed as
         ‘vulnerable wildlife’ under the Nature Conservation Act 1992 have been identified
         within Lot 1 RP197117. Any future development that involves the removal or clearing
         of native vegetation within Lot 1 RP197117 will require a development application for
         operational work.




Department of State Development, Infrastructure and Planning                        Page 7

Page 8

                                                               SDA-1114-015945




Our reference:        SDA-1114-015945
Your reference:       MCU14/0084


Attachment 4—Approved plans and specifications




Department of State Development, Infrastructure and Planning     Page 8

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