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Response with conditions - 1901-9196 SRA
Attached to the e-mail SARA Referral Response with Conditions - MCU18/0204.
RA6-N
Our reference: 1901-9196 SRA
Your reference: MCU18/0204
29 January 2019
The Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]
Attention: Mr Patrick Murphy
Dear Mr Murphy
Referral agency response—with conditions
(Given under section 56 of the Planning Act 2016)
The development application described below was properly referred to the Department of State
Development, Manufacturing, Infrastructure and Planning on 14 January 2019.
Applicant details
Applicant name: Andema Pty Ltd
Applicant contact details: C/- Urbis Pty Ltd
Level 7, 123 Albert Street
Brisbane QLD 4000
[email protected]
Location details
Street address: 6 Heron Street, Peregian Beach
Real property description: Lot 69 on P9313
Local government area: Noosa Shire Council
Application details
Development permit Material change of use for entertainment and dining business
(type 1 food and beverage), retail business (type 2 shop and salon) and
commercial business (type 1 – office)
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 5 PO Box 1129, Maroochydore QLD 4558
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1901-9196 SRA
Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:
10.4.3.1.1 Contaminated land (unexploded ordnance)
Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.
Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
Advice to the applicant
The department offers advice about the application to the applicant—see Attachment 3.
A copy of this response has been sent to the applicant for their information.
For further information please contact Candace Mitchell, Senior Planning Officer, on 5352 9708 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
cc Andema Pty Ltd, [email protected]
enc Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Attachment 3—Advice to the applicant
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 5
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1901-9196 SRA
Attachment 1—Conditions to be imposed
Condition
No. Conditions
timing
Development permit – Material change of use
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, Manufacturing, Infrastructure 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(s):
1. Provide written confirmation to the Department of State Development, Prior to the
Manufacturing, Infrastructure and Planning by an approved contractor on the commencement
Australian Government, Department of Defence, Unexploded Ordnance (UXO) of works
Panel that the subject site has been remediated and cleared of Unexploded
Ordnances.
The Unexploded Ordnance (UXO) Panel is found online at:
http://www.defence.gov.au/estatemanagement/support/dehp/WhoToEngage.asp
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 5
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1901-9196 SRA
Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
The proposed development site is identified as having substantial unexploded ordnance (UXO)
potential.
The proposed development is within an existing urban setting and the UXO potential can be
managed suitably for the proposed use.
To ensure the development manages the land in a manner that protects human safety and the
environment.
Decision
The development application is for material change of use for entertainment, dining, retail and
commercial businesses.
Referral agency response, with conditions issued: 29 January 2019
Relevant material
Submitted development application material
State Development Assessment Provisions published by the Department of State Development,
Manufacturing, Infrastructure and Planning, version 2.4
Planning Act 2016
Planning Regulation 2017
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 5
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1901-9196 SRA
Attachment 3—Advice to the applicant
General advice
1. 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.
(c) Another person.
i. Note its approximate dimensions and general appearance.
ii. Note the route to its location.
(d) 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/
Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 5