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2212-32481 SRA - Response with conditions

Attached to the e-mail MCU22/0161 - SARA approval with conditions.

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RA6-N




SARA reference:        2212-32481 SRA
Council reference:     MCU22/0161
Applicant reference:   002467



24 January 2023

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

Attention:       Georgina Schramm


Dear Ms Schramm,


SARA response— 52 Peregian Esplanade, 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 19 December 2022.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   24 January 2023
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 of Premises to
                                                             Establish a Dual Occupancy
SARA role:                         Referral agency
SARA trigger:                      Schedule 10, Part 4, Division 3, Table 1, Item 1 of the Planning
                                   Regulation 2017 (10.4.3.1.1) – Contaminated premises (unexploded
                                   ordnance)



                                                                  South East Queensland (North) regional office
                                                                  Level 4, Foundation Place, 3 South Sea Islander
                                                                  Way, Maroochydore
 Page 1 of 5                                                      PO Box 1129, Maroochydore QLD 4558
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2212-32481 SRA - Response with conditions.pdf · 236 KB (small file)

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Page 2

                                                                                          2212-32481 SRA




SARA reference:                         2212-32481 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         52 Peregian Esplanade, Peregian Beach
Real property description:              Lot 339 on P93113
Applicant name:                         Craig Ross and Melinda Ross c/- RG Strategic
Applicant contact details:              PO Box 1818
                                        NOOSA HEADS QLD 4567
                                        [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 Lydia Summers, Senior Planning Officer, on 07 5644 3217 or via
email [email protected] who will be pleased to assist.

Yours sincerely




David Hooper
Manager

cc      Craig Ross and Melinda Ross c/- RG Strategic, [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

                                                                                                     2212-32481 SRA




Attachment 1—Referral agency condition
(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)


 No.       Conditions                                                                        Condition timing
 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 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
           Infrastructure, Local Government and Planning by an approved                      commencement of
           contractor on the Australian Government, Department of Defence,                   works
           Unexploded Ordnance (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/WhoToEn
           gage.asp




 State Assessment and Referral Agency                                                                   Page 3 of 5

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                                                                                         2212-32481 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 3.0. 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 unexploded ordnance (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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                                                                                        2212-32481 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 proposed development can be conditioned to comply with State code 13: Unexploded ordnance of
SDAP. Specifically, the development has been conditioned to ensure the substantial unexploded
ordnance potential is investigated and, where necessary, remediated so as not to place another part of
the environment, or human health, at risk.

Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      SDAP (version 3.0), as published by SARA
      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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