Skip to the record
Accept no substitutions.

Original source · versioned page text

SUPERSEDED - Approved Decision Notice - RAL21 0026 & OPW21 0303

of 17

Page text shows just the words. Original shows the document exactly as it was published.

Page text read automatically using OCR, there may be inaccuracies

                                                              Officer:            Jada Lyons
                                                              Direct Telephone:   07 53296527
                                                              Our Reference:      RAL21/0026 & OPW21/0303
                                                              Your Reference:     101

               25 May 2022


               Mr SJ Duncan & KN Duncan
               C/- Out of the Woods Planning
               14 Cobbold Lane
               MAROOCHYDORE QLD 4558


               [email protected]



               Dear Sir/Madam
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 20 May 2022, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              RAL21/0026 & OPW21/0303

                   Street address:              29 Currawong Cres Peregian Beach Qld 4573

                   Real property description:   Lot 373 P 93115

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
                      Development Permit for Reconfiguring a Lot – (1 into 2 lots)
                      Development Permit for Operational Works – Drainage, Stormwater & Driveway
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               RAL21/0026
               PLANNING
                       When Conditions Must Be Complied With
               1.      Unless otherwise stated, all works required by the conditions of this Decision Notice must be
                       completed prior to submission of the subdivision plan to Council for compliance assessment.




                                                PO Box 141                 P. (07) 5329 6500     [email protected]
                                                TEWANTIN QLD 4565          F. (07) 5329 6501     www.noosa.qld.gov.au
                                                                                                              Page 1 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022
Log in to download the original file

SUPERSEDED - Approved Decision Notice - RAL21 0026 & OPW21 0303.pdf · 418 KB (small file)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 16 pages

Page 2

                      Approved Plans
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                           Plan No.           Rev.    Plan/Document Name                            Date

                           TS2122-POD         B       Plan of Development, prepared by Colston 18/10/2021
                                                      Surveyors

               3.     All lot numbering on the subdivision plan to be submitted to Council for compliance
                      assessment must remain as shown on the Approved Plans.
               4.     The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance or other emissions.
                      Currency Period
               5.     This development approval lapses if the requirements of the conditions have not been
                      completed and an application for plan seal is not lodged with Council by 20 May 2026, unless
                      an application to extend the currency period is approved by Council.
                      Boundary Encroachments
               6.     Certification must be submitted to Council from a Licensed Surveyor which certifies that:
                      a.      the setback/s to any new boundaries for any existing buildings remaining on the site
                              comply with the relevant provisions of the planning scheme and the Building Act 1975,
                              unless varied by this Decision Notice
                      b.      all utility services and connections (eg. electricity, telecommunications, water,
                              sewerage) are wholly located within the lot they serve or alternatively included within
                              an easement
               ENGINEERING
                      Site Access and Driveways
               7.     Two sealed access driveways (one to each of the proposed lots 31 and 32) must be provided
                      from Currawong Cres to all parking and manoeuvring areas of the development. The works
                      must be undertaken in accordance with the conditions of this approval and must include in
                      particular driveway crossovers generally in accordance with Councils standard drawings RS-
                      049 and RS-050.
                      Stormwater Drainage
               8.     The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with the conditions of this approval.
                      Services
               9.     Reticulated electricity and telecommunication services must be provided to each lot in
                      accordance with the standards and requirements of the relevant service provider.
               10.    Unless otherwise stipulated by telecommunications legislation at the time of construction, the
                      development must be provided with all necessary conduits, pits and pipes to accommodate
                      the future connection of optic fibre technology telecommunications.
               11.    Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.




                                                                                                       Page 2 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 3

                      Easements
               12.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               13.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               14.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               15.    All fill and associated batters must be contained entirely within the subject site unless written
                      permission from the respective landowner(s) is provided to Council. All earthworks must be
                      undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
                      Earthworks for Commercial and Residential Developments.
               16.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
               17.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               18.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               OPW21/0303
               APPROVED PLANS
               19.    Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                           Plan No.           Rev.   Plan/Document Name                              Date

                           21/8698-2          B      Proposed Site Plan                              March 2022
                                                     Prepared by Crocker & Associates Pty Ltd

                           21/8698-3          B      Proposed Driveway to Lot.31                     March 2022
                                                     Prepared by Crocker & Associates Pty Ltd

               CURRENCY PERIOD
               20.    The Currency Period for this development approval lapses if the development has not
                      substantially started by 13 May 2024, unless an application to extend the currency period is
                      approved by Council.




                                                                                                        Page 3 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 4

               PRIOR TO COMMENCEMENT OF WORKS
                      Engineering
               21.    All necessary approvals from external service providers (e.g. Unitywater) and external parties
                      on which the development works are proposed have been obtained and a copy supplied to
                      Council.
               22.    Copy of approved plan 21/8698-3: “Proposed Driveway to Lot.31”, duly signed by the
                      consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to
                      Council’s Engineering Officer Construction prior to the “prestart” meeting
               23.    A condition report including photographs of the frontage of the site must be completed and
                      submitted to council prior to the prestart meeting.
               24.    Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.
               25.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Erosion and sediment control works;
                      c.      Other relevant parties
               26.    A Construction Management Plan must be submitted to Council prior to the pre-start meeting
                      and must specifically address the following:
                      a.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD).
                      b.      provision for safe pedestrian access across the frontage of the site both during daily
                              construction and after daily construction has ceased.
               27.    Any changes to the details associated with the supervising RPEQ or Principal Contractor
                      during construction, must be notified to council in writing within five business days of the
                      change occurring.
               28.    Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
               DURING CONSTRUCTION
                      Engineering
               29.    All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
                      who is independent of the Developer and Principal Contractor, and they must certify that all
                      works conform to the Operational Works permit. Where municipal works are involved, such
                      confirmation must be submitted for the respective hold points prior to any site inspection by
                      Council Officers.
               30.    All works must be constructed, and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice;
                      b.      The relevant conditions of the higher order Reconfiguration of Lot approval viz.
                              RAL21/0026 to which this approval relates;
                      c.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines;
                      d.      The latest version of the Healthy Waterways document “Water Sensitive Urban Design
                              Technical Design Guidelines for South East Queensland” for all water quality devices
                              to be constructed on site.




                                                                                                      Page 4 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 5

                      Works within Road Reserve/Reinstatement
               31.    Safe pedestrian access on all streets in the vicinity of the development must be maintained
                      at all times. Should footpath/road closures be necessary to carry out construction works,
                      Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               32.    All frontage works must match neatly with existing road and verge/footpath features.
                      Additional works beyond the frontage may be required to provide an acceptable transition to
                      existing road and verge/footpath profiles.
               33.    Electrical conduits or other services proposed to be installed within existing and proposed
                      road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
                      driveways or significant vegetation must be installed by boring. Trenching is not permitted,
                      unless specifically approved by Council.
                      Site Access and Driveways
               34.    Driveway crossovers must be constructed generally in accordance with council’s Standard
                      Drawings RS-049 and RS-050.
               35.    Any existing unnecessary or redundant property accesses must be removed, and the kerb,
                      footpath and verge area reinstated to match the existing footpath and/or verge treatments.
                      Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
                      or turf and must be maintained by the developer until established.
               36.    The following must be complied with during the construction of the required
                      crossovers/driveways:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete;
                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties;
                      c.      The properties’ accesses must be located a minimum of 1m clear of existing power
                              poles, streetlights or other signage. The developer is responsible for any necessary
                              relocation of existing services to provide this clearance and must contact the relevant
                              service authorities and comply with their requirements in relation to these works.
                      Earthworks and Retaining Walls
               37.    All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
                      defined in Appendix B.
                      Stormwater Drainage
               38.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               39.    Works associated with this permit must not adversely impact on the existing drainage
                      conditions on other properties (e.g. by blocking or interfering with natural overland flows).
               40.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
                      Erosion and Sediment Control
               41.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) must not be released from the site or to waters within the site, or be likely
                      to be released should rainfall occur, unless all reasonable and practicable measures are
                      taken to prevent or minimise the release and concentration of contamination.




                                                                                                       Page 5 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 6

               42.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods,
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods,
                      c.      Been revised to address predicted rainfall events, and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               43.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).
               44.    The developer must ensure non-essential exposure of soil is prevented by restricting the
                      extent of disturbance and minimising the duration of soil exposure to adverse weather
                      conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
                      to rainfall occurring.
               45.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               46.    Prior to the completion of the development and commencement of use, all site surfaces must
                      be effectively stabilised using methods which have achieved effective short-term
                      stabilisation, and which will continue to achieve effective stabilisation in the medium to long-
                      term. For the purpose of this condition, an effectively stabilised surface is defined as one that
                      does not or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully
                      erosion or lead to sedimentation, or lead to water contamination.
                      Damage to Services and Assets
               47.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
                      Certification
               48.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the Operational Works permit.




                                                                                                          Page 6 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 7

                      Final Inspection
               49.    A final inspection and approval of the works and completed reinstatement works by Council’s
                      Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
               5.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                Response
                                       Address

                Concurrence            SARA at DILGP SARA        Schedule 10, Part 4,      The agency provided its
                                       at DILGP Via MyDAS2       Division 3, Table 1       response on 12
                                       at https://prod2.dev-     (Planning Regulation      November 2021
                                       assess.qld.gov.au/suite   2017): Premises           (Reference No. 2111-
                                       / (for assistance,        contaminated because of   25753 SRA. A copy of
                                       contact DILGP at 5352     unexploded ordnance       the response is
                                       9701 or                                             attached.
                                       email:[email protected]

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Infrastructure Charges
               1.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
                      General Advisory Notes
               2.     As these driveways are private structures, the owner bears full responsibly for the standard
                      of its construction, maintenance and any liabilities associated with its construction. It is
                      recommended that professional advice be sought for the construction of the driveway to
                      ensure that the driveway is constructed generally in accordance with standard drawings RS-
                      049 and RS-050.
               3.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
                      the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               4.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               5.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Prestart and Inspections Request
               6.     Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
                      business days’ notice of preferred inspection time.




                                                                                                    Page 7 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 8

               7.     If Council officers are required to undertake additional inspections of the same works, a
                      reinspection fee will be applicable in accordance with Council’s Fees and Charges register
                      applicable at the time.
                      Environmental Advisory Notes
               8.     The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.
                      Erosion and Sediment Control
               9.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control
               10.    Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
               11.    As a general rule, a site is determined to have achieved effective short-term stabilisation if
                      at the time of the plan sealing inspection:
                      a.      Methods of stabilisation are:
                                      appropriate for slopes and slope lengths; and
                                      are consistent with best practice environmental management practices such as
                                       in the Manual for Erosion and Sediment Control or the IECA Manual; and
                      b.      Stormwater runoff from the site is not currently and is not likely to result in visible
                              evidence of sedimentation or erosion, or lead to water contamination.
                              If at the time of request for plan sealing, the method of short-term stabilisation has not
                              achieved a level of stability that Council's Officers believe will have a high probability
                              of achieving long term stability (i.e. until house construction has occurred on all lots),
                              Council Officers may take the following matters into consideration in determining
                              whether the site is capable of achieving medium to long-term stability:
                                      evidence that the site has been effectively stabilised in the short term;
                                      evidence that soil has been adequately ameliorated;
                                      evidence that seed of annual and perennial grass species has been applied at
                                       an adequate rate; and
                                      that grass seed has germinated at a density that is likely to achieve an effective
                                       grass cover.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.




                                                                                                            Page 8 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 9

               11.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Jada Lyons
               Assistant Development Planner


               Enc:   Appeal Rights
                      Referral Agency Response
                      Infrastructure Charge Notice
                      Approved Plans/Documents

               cc.    [email protected]




                                                                                                     Page 9 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 10

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




                                                                                      Page 10 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 11

                                       Page 11 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
2111-25753 SRA

SARA reference: 2111-25753 SRA
Assessment Manager: Noosa Shire Council
Street address: 29 Currawong Crescent, Peregian Beach
Real property description: Lot 373 P93115
Applicant name: Stuart and Katrina Duncan c/- Out of the Woods Planning
Applicant contact details: 14 Cobbold Lane
Maroochydore QLD 4558
[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 Caroline Plank, Senior Planning Officer, on 5352 9709 or via email
[email protected] who will be pleased to assist.

Yours sincerely

Garth Nolan
Manager (Planning)

cc Stuart and Katrina Duncan c/- Out of the Woods Planning, [email protected]

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

State Assessment and Referral Agency Page 2 of 7

Document Set ID: 21939337 Page 11 of 17
Version: 4, Version Date: 26/05/2022

Page 12

                                       Page 12 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
Attachment 1—Referral agency conditions

2111-25753 SRA

 

(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

 

Material change of use

 

Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) —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 Development, Prior to the
Infrastructure, Local Goverment and Planning by an approved contractor on | commencement
the Australian Government, Department of Défense, Unexploded Ordnance of works
(UXO) Panel that the subject site has been remediated and cleared of
unexploded ordnances.

The Unexploded Ordnance (UXO) Panel is found online at:
lidefence.qov.au/estatemanagement/support/DEHP/WhoTo! e.a
State Assessment and Referral Agency Page 3 of 7

Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

Page 12 of 17

Page 13

                                       Page 13 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
2111-25753 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) v2.6. 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:
i. advise the police immediately
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:/Awww.des.qid.gov.au/ OR

¢ Commonwealth Department of Defence - http-/Awww.defence.gov.au/uxo/_

 

 

 

 

State Assessment and Referral Agency Page 4 of 7

Document Set ID: 21939337 Page 13 of 17
Version: 4, Version Date: 26/05/2022

Page 14

                                       Page 14 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
2111-25753 SRA

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

 

The reasons for the department's decision are:

*® The development application is for a development permit for a material change of use for a dwelling
house.

© The subject site is located within an area with potential for unexploded ordinances, and therefore the
application required referral to SARA for assessment against the State Development Assessment
Provisions (SDAP) v2.6, State code 13: Unexploded ordnance (State code 13).

® SARA determined that the application can meet the performance outcomes of State code 13, subject
to a condition of approval to ensure the development is managed in a manner that protects human
safety and the environment.

Material used in the assessment of the application:

The development application material and submitted plans

Planning Act 2016

Pianning Regulation 2017

The State Development Assessment Provisions (version 2.6), as published by the department
The Development Assessment Rules

SARA DA Mapping system

‘State Assessment and Referral Agency Page 5 of 7

Document Set ID: 21939337 Page 14 of 17

Version: 4, Version Date: 26/05/2022

Page 15

                                       Page 15 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
2111-25753 SRA

Attachment 4—Change representation provisions

(page left intentionally blank)

 

State Assessment and Referral Agency Page 6 of 7

Document Set ID: 21939337 Page 15 of 17

Version: 4, Version Date: 26/05/2022

Page 16

                                       Page 16 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022


[OCR of page images]
2111-25753 SRA

State Assessment and Referral Agency Page 7 of 7

Document Set ID: 21939337 Page 16 of 17

Version: 4, Version Date: 26/05/2022

Page 17

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                 Page 17 of 17
Document Set ID: 21939337
Version: 4, Version Date: 26/05/2022

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.