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2201-26787 SRA - Response with conditions

Attached to the e-mail SARA Referral agency response – with conditions - 245 David Low Way, Peregian Beach.

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RA6-N




SARA reference:        2201-26787 SRA
Council reference:     MCU21/0228 & OPW21/0364
Applicant reference:   M2915



20 January 2022

Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
[email protected]

Attention:       Georgina Schramm


Dear Ms Schramm


SARA response—245 David Low Way, Peregian 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 January 2022.


Response
Outcome:                           Referral agency response – with conditions
Date of response:                  20 January 2022
Conditions:                        The condition 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 - Multiple Dwelling
                                                               (3 Units) and Office
                                    Development Permit         Operational Work - Roadwork, Drainage
                                                               Work, Landscaping, Stormwater and
                                                               Earthworks

SARA role:                          Referral agency




                                                    South East Queensland (North) regional office
                                                    Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore
                                                    PO Box 1129, Maroochydore QLD 4558
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                                                                                               2201-26787 SRA




SARA trigger:                          Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) -
                                       Contaminated land (unexploded ordnance) (Planning Regulation
                                       2017)
SARA reference:                        2201-26787 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        245 David Low Way, Peregian Beach
Real property description:             Lot 22 on P9315
Applicant name:                        Altum Property Group
                                       C/- JFP Urban Consultants
Applicant contact details:             T1. T209, Kon Tiki Business Centre
                                       55 Plaza Parade
                                       Maroochydore QLD 4558


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 Jenny Sapuppo, Senior Planning Officer, on 07 5644 3220 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Javier Samanes
Acting Manager (Planning)

cc       Altum Property Group C/- JFP Urban Consultants, [email protected]

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




State Assessment and Referral Agency                                                               Page 2 of 5

Page 3

                                                                                                     2201-26787 SRA




Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following condition must be attached to any development
approval relating to this application)


                                                                                                  Condition
No.    Conditions
                                                                                                  timing
Material change of use
10.4.3.1.1—Contaminated premises (unexploded ordnance)—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 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.asp




State Assessment and Referral Agency                                                                     Page 3 of 5

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                                                                                           2201-26787 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) version 2.6. 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
              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.

        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/
             Commonwealth Department of Defence – http://www.defence.gov.au/uxo/ .




State Assessment and Referral Agency                                                          Page 4 of 5

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                                                                                        2201-26787 SRA




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


The reason for SARA’s decision is:
The development complies with State code 13: Unexploded ordnance of the SDAP. Specifically, the
development application can be conditioned to ensure that risks associated with unexploded ordnance
are appropriately managed to protect human health 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 2.6), as published by SARA
    the Development Assessment Rules
    SARA DA Mapping system
    Human Rights Act 2019.



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




State Assessment and Referral Agency                                                        Page 5 of 5

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