2403-39655 SRA - Response with conditions

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                                                                                                2403-39655 SRA




                                        Premises contaminated because of unexploded ordnance
SARA reference:                         2403-39655 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         5 Adams Street, Sunshine Beach
Real property description:              Lot 547 on RP48112
Applicant name:                         Robyn Grant
                                        C/- Pivotal Perspective Pty Ltd
Applicant contact details:               4/59 Mary St
                                         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




Paul Gleeson
A/Manager

cc      Mr Jack Lewis, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Reasons for referral agency response
        Attachment 3 - 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
 Material change of use
 10.4.3.1.1– Premises contaminated because of unexploded ordnance—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 at                                       commencement of use
         [email protected] by an approved contractor on
         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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                                                                                      2403-39655 SRA




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 proposed development is for a Material Change of Use - Home-based business (Home Hosted
   Accommodation) - bed and breakfast within existing dwelling house (2 beds / 4 people) at 5 Adams
   Street, Sunshine Beach properly described as Lot 547 on RP48112 (subject site).
 The subject site is mapped on the State development assessment mapping system (DAMS) as being
   entirely located within an area of Unexploded Ordnance (UXO). As such the proposed development
   was referred to SARA under Schedule 10, Part 4, Division 3, Table 1, Part 1 of the Planning
   Regulation 2017
 SARA assessed the development application against State code 13: Unexploded ordnance of the
   SDAP, version 3.0 and determined that the development can achieve compliance with the
   performance outcome of the State code with conditions to ensure:
        o The site has been remediated or can be managed to be suitable for the proposed use 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
      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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