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DERM Information Request REC11/0145
SCRC CORRESPONDENCE
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Department of Environment
and Resource Management `3 p 190,1 Notice
Information request
This notice is issued by the Department of Environment and Resource Management pursuant to section 276 of the
Sustainable Planning Act 2009 ("the Act').
Astronomer Pty Ltd cc. Sunshine Coast Regional Council
C/- Land Partners Limited Locked Bag 72
PO Box 3916 Sunshine Coast Mail Centre QLD 4560
South Brisbane BC QLD 4101
Our reference: 381925 / MCY2544
Re: Application for development approval
The Chief Executive, Department of Environment and Resource Management (DERM) as
concurrence agency requests the applicant to give further information needed to assess the
application. That further information is stated in the attached information request.
2. Application Details
Date application made or referred to DERM:
18 January 2012
Development approval applied for. 3-4C
,,2.0
Development Permit
Aspect(s) of development:
Reconfiguring a lot - Tidal works, or development in a coastal
management district
Sustainable Planning Regulation 2009 - Schedule 7, table 2, item
14
DERM ref. no. - 381925 DERM Permit No. SP000371812
Property/Location description:
Lot 2 on RP234161
21 Webb Road, Sunshine Beach QLD
Page 1 of 3 • 091217
Department of Environment and Resource Management Queensland Government
www.derm.gid.gov.au ABN 46 640 294 485
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Page 2
Department of Environment
and Resource Management Notice
Information request
3. The application will lapse unless the applicant gives the assessment manager or concurrence
agency a response to the information request under section 278 of the Act which requires such
response to include a written notice to the requesting authority stating:
(a) all of the information requested is provided; or
(b) part of the information requested is provided, and to proceed with assessment of the
application; or
(c) the applicant does not intend to supply any of the information requested, and to proceed with
assessment of the application.
4. A response to the information request must be given to Brodie Lucht, the Project Manager, at the
address stated below.
Delegate Enquiries:
Ben Sale Brodie Lucht
Chief Executive, Department of Environment and Resource Department of Environment and Resource
Management Management
25 January 2012 12 First Avenue, Maroochydore QLD 4558
PO Box 168, Cotton Tree QLD 4558
Phone: (07) 5459 6154
Fax: (07) 5459 6190
Email: [email protected]
Attachment(s)
Information Request
Guideline - Reconfiguring a lot in a coastal management district
Page 2 of 2 • 091217 Department of Environment and Resource Management
Page 3
Department of Environment
and Resource Management Notice
Information request
Information Request
DERM ref. no. 381925 Permit No. SPCC0372812
Background
Development within the coastal zone is regulated under the Coastal Protection and Management Act
1995 (Coastal Act). The Department of Environment and Resource Management (DERM) is responsible for
making decisions about development proposals in coastal areas for their impacts on "coastal management".
The Coastal Act describes "coastal management" as including the protection, conservation, rehabilitation,
management and ecologically sustainable development of the coastal zone.
The State Coastal Management Plan - Queensland's Coastal Policy (State Coastal Plan) establishes the
long-term vision for the coast, identifies outcomes and principles for coastal management and includes
policies for coastal use and development and the conservation, management and enhancement of coastal
resources and their values.
The coastal management outcomes, principles or policies are to be read as an integrated package in the
context of the Coastal Act. They are to be considered when assessing applications pursuant to legislative
responsibilities. Decision makers will be required to take into account the aspects of this Plan relevant to the
particular situation.
Information Required:
1) Please supply information as outlined in the guideline Reconfiguring a lot in a coastal management
district. This information should demonstrate how the policies of the State Coastal Plan are achieved.
2) The attached Coastal Management Control District No.8 (Sunshine Beach North) map depicts the set
back requirements for the erection of structures.. This coastal building line dissects the lot.. Please
demonstrate how you have considered the Coastal Building Line in your proposal.
Coastal building line maps can be accessed through:
http://www.derm.gld.gov.au/ecoaccess/coastal development/assessment of development on-coastal land
/buildings seaward of a -coastal building line/coastal building lines.html
Delegate Enquiries:
Ben Sale Brodie Lucht
Chief Executive, Department of Environment and Resource Department of Environment and Resource
Management Management
25 January 2012 12 First Avenue, Maroochydore QLD 4558
PO Box 168, Cotton Tree QLD 4558
Phone: (07) 5459 6154
Fax: (07) 5459 6190
Email: [email protected]
Page 3 of 3 • 091217 Department of Environment and Resource Management
Page 4
Department of Environment
and Resource Management
Guideline
Coastal Protection and Management Act 1995
Reconfiguring a lot in a coastal management district
This document provides guidance to applicants on the information required to support an assessment of a development
application to reconfigure a lot in a coastal management district under the Coastal Protection and Management Act 1995.
Introduction
Reconfiguring a lot includes freehold subdivision, community title subdivision, subdivision by lease, realignment
of boundaries or creation of an access easement.' With some exceptions, reconfiguring a lot is assessable
development under the Sustainable Planning Act 2009 (SPA).2 Land on the coast is a valuable and finite
resource that has important ecological, economic and social values. Any proposals to reconfigure a lot on the
coast can have a major impact on coastal resources and needs to be carefully planned and managed to
minimise adverse impacts.
Assessment for the purposes of coastal management
For reconfiguring a lot that is assessable development under SPA and involves land situated completely or
partly within a coastal management district, the Department of Environment and Resource Management
(DERM) acts as a concurrence agency for the development application3. DERM assesses proposals against the
Coastal Protection and Management Act 1995 (Coastal Act) and the provisions in the State Coastal
Management Plan - Queensland's Coastal Policy (2001) (State Coastal Plan) and relevant regional coastal
management plans.4
Please note that this guideline only covers reconfiguring a lot for the purposes of subdivision, opening a road or
creating an easement. A separate guideline covers reconfiguring a lot for the purpose of constructing an artificial
waterway.
Information to accompany your application
To ensure your application can be processed quickly, the following information should accompany your
application. The application must also include the fee prescribed under the Coastal Protection and Management
Regulation 2003.
Information about the land/activity
1) Two copies of a plan at a scale not smaller than 1:2500 of the Real Property boundaries as shown on
the Certificate of Title of the land marked with proposed boundaries of allotments, roads, and parks, and
the location of any existing buildings or other structures, related by metric dimensions to the Real
Property boundaries of the land.
1 See section 10(1) of the SPA.
2 See schedule 3, part 1, table 3, item 1 of the Sustainable Planning Regulation 2009.
3 See schedule 7, table 2, Item 14(a) of the Sustainable Planning Regulation 2009.
4 The Coastal Act and coastal plans can be viewed online at:
hftp://www.derm.qld.gov.au/environmental management/coast and oceans/coastal management/
Page 1 of 4 • 100917
Department of Environment and Resource Management 10 Queensland Government
www.derm.qld.gov.au ABN 46 640 294 486
Page 5
Department of Environment
and Resource Management
Guideline
Reconfiguring a lot in a coastal management district
2) One copy of a plan or plans at a scale not smaller than 1:1000 showing the existing (and proposed
finished) levels of the land to be subdivided and that area of land between the land to be subdivided and
the line of mean high water spring tides. The levels are to be taken at the points of intersection of a 25
metre grid related to the Real Property boundaries and to be in metres related to Australian Height
Datum. The plan or plans to be certified by a licensed surveyor with the date of survey shown.
3) The location of the proposed development in relation to the boundary of the coastal management
district.
4) The location of the storm tide natural hazard management area adopted by local government or if local
government have not adopted a storm tide natural hazard management area, the plan should illustrate
an alternative area subject to storm tide inundations.
Information addressing key coastal plan policies
5) Policy 2.2.2 Erosion prone areas
• Specify the existing and proposed tenure and zoning of land within designated erosion prone areas,
if applicable.
• If it is not proposed to surrender the land within the erosion prone area to the State, justification
should be provided.6
• Investigate the effect that changes in tidal flow characteristics in the vicinity of the development will
have on the adjacent coast.
6) Policy 2.2.4 Coastal Hazards
• Details of the severity of the storm tide inundation hazard.
• Details of how the proposal is compatible with the nature and relative severity of the storm tide
hazard.
• Details of how the development achieves outcomes 1 and 2 of the guideline Mitigating the adverse
impacts of storm tide inundation.
7) Policy 2.3.1 Future need for access
• Report on the measures proposed to provide public access to any newly created beaches or
foreshore areas, including measures proposed to safeguard the stability of frontal dune areas.
• Provide details of whether the development will result in net loss of access to the foreshore or public
usability of coastal waters and, if so, demonstrate why the loss may be acceptable.
8) Policy 2.4.1 Water quality management
• Provide details of how the development will or may affect water quality of any adjacent coastal
waters including coastal waterways.
5 Where local government have not adopted a storm tide natural hazard management area, the designed storm
tide event should be indicated on the plans. However, where local government have not undertaken detailed
studies to provide information about the areas subject to storm tide inundation, the plans should indicate the
default area which is below highest astronomical tide + 1.5m. For more information refer to the guideline
Mitigating the adverse impacts of storm tide inundation and the fact sheet Development applications within the
Storm Tide Natural Hazard Management Area
6 DERM can require as part of its concurrence response that the land within the erosion prone area be
surrendered to the State as a condition of approving the development.
Page 2 of 4 • 100917 Department of Environment and Resource Management
Page 6
Department of Environment
and Resource Management
Guideline
Reconfiguring a lot in a coastal management district
9) Policy 2.4.4 Stormwater management
• Provide details of proposed site drainage particularly with regard to any stormwater runoff across
any coastal dune or wetland areas.
10) Policy 2.8.1 Areas of state significance (natural resources)
• Details of potential impacts on areas of State significance (natural resources).
11) Policy 2.8.2 Coastal wetlands
• Details of potential impacts on coastal wetland systems.
12) Policy 2.8.3 Biodiversity
• Details of potential impacts on ecosystems and habitats including the following in regional and local
context:
- availability and quality of migratory and resident shorebird roosting and feeding habitats;
- survival of native plant or animal populations including marine ecosystems, in particular benthic
communities;
- retention of the existing extent, quality and functionality of seagrass beds, particularly in dugong
protection areas or known areas of turtle habitat; and
- effect of the development on any existing mangrove areas with particular reference to the effect
of changes in the fresh/saltwater balance on the mangrove plants and the need for adequate
buffer areas between the development and the existing mangroves.
Please note that other coastal plan policies, or further information on key policies, may be relevant to an
assessment of your development application. If so, DERM may request further information in order to decide the
application.
Other matters to consider
Information request
When considering the application DERM may issue an information request or seek, or require the applicant to
seek, the views of other authorities.
Further approvals
An approval under SPA does not remove the need to obtain any further approval(s) for the work that may be
required pursuant to other legislation, both State and Commonwealth. Applicants are advised to check with all
relevant statutory authorities for such approvals as may be required.
Disclaimer
While this document has been prepared with care it contains general information and does not profess to offer legal,
professional or commercial advice. The Queensland Government accepts no liability for any external decisions or actions
taken on the basis of this document. Persons external to the Department of Environment and Resource Management should
satisfy themselves independently and by consulting their own professional advisors before embarking on any proposed
course of action.
Page 3 of 4 . 100917 Department of Environment and Resource Management
Page 7
Department of Environment
and Resource Management
Guideline
Reconfiguring a lot in a coastal management district
Approved by
Jon Womersley 17 September 2010
Signature Date
Jon Womersley Enquiries:
Director, Regulatory Support and Practice Permit and Licence Management
Environment and Natural Resource Regulation Ph. 1300 130 372
Fax. (07) 3896 3342
Page 4 of 4 • 100917 Department of Environment and Resource Management
Used in these records
DERM Information Request REC11/0145Related documentApplication case desk ↗
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