2301-33052 SRA - Response with conditions

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                                                                                                2301-33052 SRA




                                        Contaminated premises (unexploded ordnance)
SARA reference:                         2301-33052 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         512 David Low Way, Castaways Beach
Real property description:              Lot 19 on SP111721
Applicant name:                         Chris Clout C/- Coastal Building Certifications
Applicant contact details:               10 Akounah Crescent
                                         BUDDINA QLD 4575
                                         [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 4.

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




Jamaica Hewston
Manager

cc      Chris Clout C/- Coastal Building Certifications, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - 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 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             commencement
          on the Australian Government, Department of Defence, Unexploded                     of works.
          Ordnance (UXO) 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/WhoToEnga
          ge.asp.




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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 by
             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/.




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

The reasons for the SARA’s decision are:
 The proposal is for a development permit for a material change of use for new dwelling
 The subject site is located in an area with substantial unexploded ordnance potential
 SARA assessed the development application against State code 13: Unexploded ordnance of the
   SDAP, version 3.0 and determined that the development achieves compliance with the performance
   outcomes of the State code with conditions:
       o to ensure the development manages the land 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
 section 58 of the Human Rights Act 2019.



Attachment 4—Representations about a referral agency response
provisions
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