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2209-31176 SRA - Response with conditions (RAL22_0013)

Attached to the e-mail RAL22/0013 - SRA application correspondence - Referral agency response – with conditions..

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RA6-N




SARA reference:        2209-31176 SRA
Council reference:     RAL22/0013
Applicant reference:   TS 2223 Gooch



31 October 2022

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

Attention:       Don Colston


Dear Sir/Madam


SARA response—39 Lorilet Street and 42 Lowry Street,
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 7 October 2022.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   31 October 2022
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         Reconfiguring a lot for boundary
                                                               realignment

SARA role:                         Referral agency
SARA trigger:                      Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) –
                                   Contaminated premises (unexploded ordnance) (Planning Regulation

                                                                             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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                                                                                                2209-31176 SRA




                                        2017)
SARA reference:                         2209-31176 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         39 Lorilet Street, Peregian Beach; 42 Lowry Street, Peregian Beach
Real property description:              Lot 392 and 402 on SP246599
Applicant name:                         Mr Don Colston
Applicant contact details:              PO Box 29
                                        Peregian Beach QLD 4573
                                        [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 Richard Wilson, Planning Officer, on 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Mr Don Colston, [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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                                                                                                    2209-31176 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
 Reconfiguring of a lot
 10.4.3.1.1—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 conditions:
 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/WhoToEngag
        e.asp.




 State Assessment and Referral Agency                                                                   Page 3 of 6

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                                                                                         2209-31176 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) 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/.




State Assessment and Referral Agency                                                        Page 4 of 6

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                                                                                      2209-31176 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 is for a development permit for a reconfiguring of a lot (boundary
   realignment)
 the subject site is located in an area with a substantial unexploded ordnance potential
 The development therefore required referral to SARA for assessment against the SDAP version 3.0,
   State code 13: Unexploded ordnance (State code 13)
 SARA has assessed the development application against State code 13 and determined that the
   development complies with State code 13, subject to a condition 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
 SDAP version 3.0, as published by SARA
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019.




 State Assessment and Referral Agency                                                    Page 5 of 6

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                                                2209-31176 SRA




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




 State Assessment and Referral Agency              Page 6 of 6

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