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2204-28325 SRA Response with conditions
Attached to the e-mail SARA response.
RA6-N SARA reference: 2204-28325 SRA Council reference: MCU22/0049 & OPW22/0090 Applicant reference: 0341 26 April 2022 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin Qld 4565 [email protected] Attention: Mr Patrick Murphy Dear Sir/Madam SARA response—168 Edwards Street, Sunshine Beach (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 12 April 2022. Response Outcome: Referral agency response – with conditions. Date of response: 26 April 2022 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Material change of use for a dual occupancy and operational works for landscaping, stormwater, crossover, clearing vegetation and earthworks SARA role: Referral agency SARA trigger: Schedule 10, Part 4, Division 3, Table 1] (Planning Regulation 2017) – Premises contaminated because of unexploded ordnance Far North Queensland regional office Ground Floor, Cnr Grafton and Hartley Street, Cairns Page 1 of 6 PO Box 2358, Cairns QLD 4870
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2204-28325 SRA
SARA reference: 2204-28325 SRA
Assessment Manager: Noosa Shire Council
Street address: 168 Edwards Street, Sunshine Beach
Real property description: Lot 35 on RP48113
Applicant name: Paul McHugh and Jendev Pty Ltd (tte)
C/- Pivotal Perspective Pty Ltd
Applicant contact details: 95/3 Hilton Terrace
Tewantin QLD 4566
[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 Belinda Jones, Senior Planning Officer, on 40373208 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Joanne Manson
A/Manager (Planning)
cc Paul McHugh and Jendev Pty Ltd (tte), [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 6
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2204-28325 SRA
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)
Condition
No. Conditions
timing
Material change of use and operational works
Schedule 10, Part 4, Division 3, Table 1 — Premises contaminated because of unexploded ordnance -
The chief executive administering the Planning Act 2016 nominates the Director-General of 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 Government and Planning by an approved contractor on commencement
the Australian Government, Department of Defence, Unexploded Ordnance of works
(UXO) Panel that the subject site has been remediated and cleared of
unexploded ordnances.
The UXO Panel is found online at:
http://www.defence.gov.au/estatemanagement/support/dehp/WhoToEngage.as
p.
State Assessment and Referral Agency Page 3 of 6
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2204-28325 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) v3.0. 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:
(i) advise the Police immediately;
(ii) do not disturb the object.
(iii) take action, where appropriate, to prevent it being disturbed.
(iv) note its approximate dimensions and general appearance.
(v) 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://www.des.qld.gov.au/ OR Commonwealth
Department of Defence - http://www.defence.gov.au/uxo
State Assessment and Referral Agency Page 4 of 6
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2204-28325 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for SARA’s decision are: The site is mapped as containing an area of substantial potential for unexploded ordnance potential. The inclusion of a condition will ensure that the site is appropriately investigated and where necessary remediated to ensure that the development does not place the environment or human health at risk. SARA assessed the development application against State code 13: Unexploded Ordnance of the State Development Assessment Provisions (SDAP), version 3.0, and determined that with a condition, the development achieves compliance with the performance outcome 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 State Development Assessment Provisions (version 3.0) The Development Assessment Rules SARA DA Mapping system Human Rights Act 2019 State Assessment and Referral Agency Page 5 of 6
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2204-28325 SRA Attachment 4—Change representation provisions (page left intentionally blank – attached separately) State Assessment and Referral Agency Page 6 of 6