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Response with conditions - 1901-9196 SRA

Attached to the e-mail SARA Referral Response with Conditions - MCU18/0204.

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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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Response with conditions - 1901-9196 SRA.pdf · 248 KB (small file)

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Page 2

                                                                                             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

Page 3

                                                                                          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

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