2409-42601 SRA - Response with conditions

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                                        Regulation 2017 - Premises contaminated because of unexploded
                                        ordnance (UXO)
SARA reference:                         2409-42601 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         3 Avocet Parade, Peregian Beach
Real property description:              Lot 320 on P93113
Applicant name:                         BDH Properties C/- Adapt Development Management Pty Ltd
Applicant contact details:              PO Box 7618
                                        Sippy Downs QLD 4556
                                        [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 4.

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

For further information please contact Isley Peacey, Senior Planning Officer, on 4037 3202 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Brett Nancarrow
Manager (Planning)

cc      BDH Properties, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - 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 5)


 No.     Conditions                                                                     Condition timing
 Material change of use - Dual occupancy & Operational work – Works associated with Dual
 occupancy
 10.4.3.1.1 – Premises contaminated because of unexploded ordnance (UXO) - The chief executive
 administering the Planning Act 2016 nominates the Director-General of the Department of Housing,
 Local Government, Planning, and Public Works 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 Housing, Local               Prior to the
         Government, Planning and Public Works                                          commencement of
         [email protected] by an approved contractor on                   works
         the Australian Government, Department of Defence, Unexploded
         Ordnance (UXO) Panel that the subject site has been remediated
         and cleared of unexploded ordnances.




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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.




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

The reasons for the SARA’s decision are:
The proposed development complies with the relevant provisions of State code 13: Unexploded
ordnance, as it:
Has been conditioned that the site is investigated and, where necessary, remediated so as to not place
another part of the environment, or human health, at risk dues to unexploded ordnance (UXO) as a
consequence of development.

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
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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