2509-48282 SRA_Response with conditions

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                                                                                             2509-48282 SRA




Street address:                     28 Kingfisher Drive, Peregian Beach
Real property description:          Lot 113 on P9311
Applicant name:                     JL Struss
                                    C/- Place Design Group
Applicant contact details:          [email protected]
Human Rights Act 2019               A consideration of the 23 fundamental human rights protected under
considerations:                     the Humans Right Act 2019 has been undertaken as part of this
                                    decision. It has been determined that this decision does not limit
                                    human rights.


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 (chapter 1, part 7, section 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 Rosanna Nobile, Planning Officer, on (07) 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Fletcher Smith
A/Manager, Planning Services (SEQ West)

cc      JL Struss C/- Place Design Group, [email protected]

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




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Attachment 1—Referral agency conditions
(Under chapter 3, part 3, division 1, 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
 Development Permit: Material change of use
 10.4.3.1.1 – Contaminated land (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:
 1.       Provide certification to the Department of State Development,                     Prior to the
          Infrastructure and Planning at [email protected]                    commencement of
          by an approved contractor on the Australian Government,                           works.
          Department of Defence, Unexploded Ordnance (UXO) Panel that
          the:
               (a) subject site has been remediated and cleared of unexploded
                   ordnances; or
               (b) proposed use can be suitably managed on the site.




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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) (version 3.3). 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, Tourism, Science and Innovation -
                https://www.des.qld.gov.au/
             Commonwealth Department of Defence - http://www.defence.gov.au/uxo/




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Attachment 3—Reasons for referral agency response
(Given under chapter 3, part 3, division 1, section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The application is for a Development Permit for material change of use for dwelling house and
   demolition at 28 Kingfisher Dr Peregian Beach formally described as Lot 113 on P9311.
 The proposed development required referral for works located in an area with substantial unexploded
   ordnance potential
 SARA assessed the development application against State code 13: Unexploded ordnance (State
   code 13) of the State Development Assessment Provisions (SDAP), version 3.3.
 SARA determined that the application complied with the relevant State code 13, with conditions to
   ensure the development does not place another part of the environment, or human health, at risk as
   a consequence of development.

Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.3), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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