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2111-25917 SRA - Response with conditions

Attached to the e-mail SARA Referral agency response – with conditions - MCU21/0192.

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RA6-N




SARA reference:        2111-25917 SRA
Council reference:     MCU21/0192
Applicant reference:   2357



23 November 2021

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]

Attention:       Maxwell Potter


Dear MR Maxwell Potter


SARA response—164 Edwards Street, Sunshine 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 16 November 2021.


Response
Outcome:                           Referral agency response – with conditions.
Date of response:                  23 November 2021
Conditions:                        The conditions 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, Subdivision 1, Table 1 (Planning
                                  Regulation 2017)

                                  Development application for a material change of use in an area of
                                  substantial unexploded ordnance potential

                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Mike Ahern Building, Level 3, 12 First
                                                                             Avenue, Maroochydore
Page 1 of 6                                                                  PO Box 1129, Maroochydore QLD 4558
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                                                                                            2111-25917 SRA




SARA reference:                        2111-25917 SRA
Assessment Manager:                    Noosa Shire Council
Street address:                        164 Edwards Street, Sunshine Beach
Real property description:             Lot 108 on RP94566
Applicant name:                        Adam Flanagan and Shane Tye
                                       C/- RG Strategic Australia
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 Jarrod Clarke, Planning Officer, on (07) 3452 7649 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc       Adam Flanagan and Shane Tye, [email protected]

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




State Assessment and Referral Agency                                                            Page 2 of 6

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                                                                                                    2111-25917 SRA




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
Schedule 10, Part 4, Division 3, Subdivision 1, Table 1 - 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             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




State Assessment and Referral Agency                                                                    Page 3 of 6

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                                                                                                2111-25917 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) v2.6. 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 by another
                             person
                      iv.    note its approximate dimensions and general appearance
                       v.    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 6

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                                                                                        2111-25917 SRA




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

The reasons for SARA decision are:

   The proposed development is for a material change of use for a dual occupancy.
   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
    State Development Assessment Provisions (SDAP), version 2.6, and determined that with a
    condition, the development achieves compliance with the performance outcomes of the state code.

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
   State Planning Policy mapping system
   Human Rights Act 2019




State Assessment and Referral Agency                                                       Page 5 of 6

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                                                2111-25917 SRA




Attachment 4—Change representation provisions
(page left intentionally blank)




State Assessment and Referral Agency               Page 6 of 6

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