2305-34623 SRA_Response with conditions_MCU23-0062_OPW23-0071_RAL23-0006

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Development details

Description:           Development permit      Material change of use for dual occupancy
                                               Reconfigure a lot for 1 lot into 3 community title subdivision
                                               Operational works – Roadworks, landscaping, stormwater,
                                               earthworks and clearing

SARA role:           Referral agency
SARA trigger:        Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation 2017)

                     Development application for a material change of use, reconfiguration of lot and
                     operational works on premises with substantial unexploded ordnance potential
SARA reference:      2305-34623 SRA
Assessment           Noosa Shire Council
manager:
Street address:      206 David Low Way, Peregian Beach
Real property        Lot 54 on P9319
description:
Applicant name:      AB Offermann & MJ Swete Kelly
                     C/- Pivotal Perspective Pty Ltd
Applicant              4/59 Mary St
contact details:       Noosaville QLD 4566
                       [email protected]
Human Rights         A consideration of the 23 fundamental human rights protected under the Human
Act 2019             Rights Act 2019 has been undertaken as part of this decision. It has been
considerations:      determined that this decision does not limit human rights.




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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 Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      AB Offermann & MJ Swete Kelly, [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




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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)


 No.     Conditions                                                                     Condition timing
 Development Permit – Material change of use and Reconfiguring a lot
 Schedule 10, part 4, division 3, table 1, item 1 – Contaminated land (unexploded ordnance) —The
 chief executive administering the Planning Act 2016 nominates the Director-General of the Department
 of State Development, Infrastructure, Local Government 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:
 1.      Provide written confirmation to the Department of State                        Prior to
         Development, Infrastructure, Local Government and Planning at                  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.
2.      Provide the owner, occupier and any person employed to work on the subject site the following
        information:

             (a) Residual 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:
                      advise the Police immediately
                      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.
             (c) 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 http://www.ehp.qld.gov.au OR
                      Commonwealth Department of Defence http://www.defence.gov.au/uxo/




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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 proposal is for a development permit for material change of use, reconfiguring a lot and
       operational works for a dual occupancy and 1 lot into 3 lots
      the subject site is located at 206 David Low Way, Peregian Beach, which is formally described as lot
       54 on P9319
      the subject site is located in an area with substantial unexploded ordnance potential
      SARA assessed the development application against State code 13: Unexploded ordnance of the
       SDAP, version 3.0 and determined that with conditions, the development achieves compliance with
       the performance outcomes of the State code.


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
(page left intentionally blank)




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