2011-19772 SDA Decision - approval with conditions (MCU19_0001) · MCU19/0001

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 Real property description:             Lot 703 on C5602; Lot 705 on C5602; Lot 704 on C5602
 Local government area:                 Noosa Shire Council
 Applicant name:                        Heritage Motel Investments PTY LTD
 Applicant contact details:              PO Box 1818
                                         Noosa Heads QLD 4566
                                         [email protected]


Additional details
 Native title considerations:           Native title is considered to be wholly extinguished within the conclusion
                                        boundary in accordance with module AB of the Native Title Work
                                        Procedures
 Level of assessment:                   Code assessable


Dispute resolution
Representations:                    The rights of applicants to make representations about this decision
                                    notice during the applicant’s appeal period is set out in Chapter 3,
                                    Part 5 of the Planning Act. Copies of the relevant provisions are in
                                    Attachment 4.
Appeal:                             The rights of applicants to appeal to a tribunal or the Planning and
                                    Environment Court against decisions about a development application
                                    are set out in Chapter 6, Part 1 of the Planning Act. Copies of the
                                    relevant appeal provisions are in Attachment 5.

For further information please contact Jamaica Hewston, Principal Planning Officer, on 5352 9718 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

enc       Attachment 1 – Assessment manager conditions
          Attachment 2 – Advice to the applicant
          Attachment 3 – Reasons for the decision
          Attachment 4 – Negotiated decision provisions
          Attachment 5 – Appeal provisions

cc        Noosa Shire Council, [email protected]




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Attachment 1—Assessment manager conditions
(Given under section 63(2)(e)(ii) of the Planning Act 2016)


 No.       Conditions of development approval                                            Condition timing

 Material change of use

 Schedule 10, Part 4, Division 1, Subdivision 2, Table 1 (Planning Regulation 2017) —The chief
 executive administering the Planning Act 2016 nominates the Director-General of the Department of
 Environment and Science 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.        Submit a site suitability statement prepared by a suitably qualified person   Prior to the
           and certified by an approved auditor in accordance with the                   commencement of
           Environmental Protection Act 1994 to [email protected] confirming           construction
           that the premises are suitable for the proposed use.
           Note: For the purpose of this condition a suitably qualified person is
           defined in the Environmental Protection Act 1994.
           Note: A list of approved auditors can be found at the following website:
           https://www.qld.gov.au/environment/pollution/management/contaminated-
           land/auditor-engagement.




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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) v2.6. If a word remains undefined it
        has its ordinary meaning.




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Attachment 3—Reasons for the decision
(Given under section 63(5) of the Planning Act 2016)

The reasons for the department’s decision are:
 The application is for a material change of use to premises on the environmental management
   register.
 The material change of use involves a sensitive land use (multiple housing), however the
   environmental management register does not state that the premises are suitable for a sensitive land
   use.
 SARA has assessed the application against the assessment benchmarks in Schedule 10, Part 4,
   Division 1, Subdivision 2, Table 1 of the Planning Regulation 2017.
 SARA has determined the application can be approved subject to a condition which requires the
   submission of a site suitability statement for the premises prior to the commencement of construction
   to demonstrate that that the premises are suitable for the proposed use.

Material used in the assessment of the application:

      The development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      The State Development Assessment Provisions (version 2.6), as published by the department
      The Development Assessment Rules
      SARA DA Mapping system.




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Attachment 4—Negotiated decision provisions




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Attachment 5—Appeal provisions




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