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2210-31715 SRA - Response - With Conditions (1)

Attached to the e-mail 2210-31715 SRA approval with conditions - 132008.176.05.

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RA6-N




Our reference:         2210-31715 SRA
Your reference:        132008.176.05
Applicant reference:   22070

26 October 2023

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

Attention:       Ms Nadine Gorton


Dear Ms Gorton


SARA referral agency response- 3 and 7 Serenity Close,
Noosa Heads
(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 Referral Agency (SARA) on 23 November 2022.


Response
Outcome:                             Referral agency response – with conditions
Date of response:                    26 October 2023
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 for Material Change of Use – Other Change to
                                    include Resort Complex & Shop
SARA role:                          Referral agency
SARA trigger:                       Schedule 10, Part 10, Division 3, Subdivision 3, Table 1 –
                                    Development interfering with koala habitat in koala habitat areas
                                    outside koala priority areas

                                    Schedule 10, Part 9, Division 4, Subdivision 1, Table 1 -



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                                                                                                2210-31715 SRA




                                        State transport infrastructure generally
SARA reference:                         2210-31715 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         3 and 7 Serenity Close, Noosa Heads
Real property description:              Lot 11 on SP195871; Lot 10 on SP335472
Applicant name:                         Calile Malouf Investments Pty Ltd C/- Project Urban
Applicant contact details:              PO Box 6380
                                        Maroochydore BC QLD 4558
                                        [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Human Rights 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 (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 Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.


Yours sincerely




Garth Nolan
Manager (Planning)

cc      Calile Malouf Investments Pty Ltd C/- Project Urban, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 – Documents referenced in conditions




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                                                                                                      2210-31715 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) (Copies of the documents referenced below are found at Attachment 5)


                                                                                                 Condition
 No.    Conditions
                                                                                                 timing
 Material change of use for Resort Complex and Shop
 10.10.3.3.1.1 -SEQ Koala Habitat Area —The chief executive administering the Planning Act 2016
 nominates the Director-General of 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(s):
 1.     No koala habitat trees on the subject site will be removed or disturbed as a             At all times
        consequence of the operational works except for 82 non-juvenile koala
        habitat trees identified as ‘Removed’ on KTSP04: Trees Retained and
        Removed, prepared by Litoria Consulting, drawing reference 22011
        KTSP04, issue B, dated 10/10/2023.
 2.     Prior to any building or operational works being undertaken prepare a Koala              (a) – (d) Prior to
        Management Plan, which must:                                                             any building or
            (a)         Identify the clearing and construction activities that may increase      operational
                                                                                                 works being
                        the risk of stress, injury or death of koalas;
                                                                                                 undertaken.
            (b)         Detail the management measures that will be implemented
                        during clearing and construction works to prevent the risks              (e) At all times
                        identified in part (a) of this condition, including but not limited to   during clearing
                        all of the following:                                                    and construction
                     i.      Details of pre-clearing inspections of the vegetation to be         works.
                             cleared;
                    ii.      Measures required under the Nature Conservation (Koala)
                             Conservation Plan 2017, including the staging and
                             sequencing of clearing and provisions for a koala spotter
                             during clearing operations;
                   iii.      Procedures for the recovery of koalas;
                   iv.       Measures for dealing with trapped, injured, orphaned and
                             deceased koalas;
                    v.       Contact details for the contractor for reports of at risk or
                             injured koalas;
                   vi.       Procedures for checking machinery for koalas;
                  vii.       Measures to protect retained koala habitat and vegetation
                             (including open land) in accordance with Australian
                             Standard AS4970-2009;
                  viii.      The use of fauna exclusion fencing;
                   ix.       Measures to minimise the impact of construction related
                             dust on adjacent koala habitat;
                    x.       Signage in areas of vehicular traffic on site;
                   xi.       Measures to manage the risks posed by dogs (e.g., guard
                             dogs) on site;
                  xii.       Measures to raise awareness amongst construction workers
                             of koalas on and near the construction activities; and

            (c)       Be certified by a suitably qualified and experienced person.



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       AND

           (d)       Submit the Koala Management Plan to the Department of
                     Environment and Science at
                     [email protected]

           (e)       Implement the management measures contained in the Koala
                     Management Plan.
3.         (a)         Prepare a rehabilitation plan for areas identified as                (a) and (b) Prior
                       environmental management and conservation zone within                to commencing
                                                                                            any clearing or
                       Landscape Plan, DA RFI Response Comparison, prepared by
                                                                                            construction
                       Richards and Spence, drawing reference 2100014, Rev C.               works.
                       The rehabilitation plan must be prepared by an appropriately
                       qualified person(s), and must address as a minimum:                  (c) To
                    i.    details of the rehabilitation objectives for the site;            commence no
                   ii.    the number of Koala habitat trees to be established on the        more than 1
                                                                                            month after the
                          site;
                                                                                            completion of
                  iii.    the planting palette and planting density of the proposed         clearing and
                          rehabilitation;                                                   construction
                  iv.     details of how the vegetation planted as a result of the          works.
                          rehabilitation work will be suitably maintained.
                                                                                            (d) Within 3
           (b)        Provide the rehabilitation plan to the Department of                  months from the
                      Environment and Science at [email protected]            completion of the
                                                                                            rehabilitation
                      or mail to:
                                                                                            works.
                      Koala Assessment and Compliance
                      Department of Environment and Science
                      GPO Box 2454 Brisbane Queensland 4001

           (c)        Undertake the rehabilitation of the site in accordance with the
                      rehabilitation plan;

           (d)        Certification by an appropriately qualified person(s) that (a), (b)
                      and (c) have been fulfilled, must be provided to the Department
                      of Environment and Science at:
                      [email protected]
                      OR
                      Koala Assessment and Compliance
                      Department of Environment and Science
                      GPO Box 2454 Brisbane Queensland 4001
4.     Deliver an environmental offset in accordance with the Environmental                 Prior to
       Offsets Act 2014 to counterbalance the significant residual impacts on the           commencing any
       matter of state environmental significance being 34 non-juvenile koala               clearing works.
       habitat trees.

       Note: Section 16 of the Environmental Offsets Act 2014 provides that when
       an offset condition is imposed on an authority, a number of deemed
       conditions are taken to apply. These deemed conditions are detailed in
       sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
       Contravention of a deemed condition is taken to be contravention of an
       imposed condition.




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                                                                                              2210-31715 SRA




       More information on offset delivery can be found here:
       https://www.qld.gov.au/environment/pollution/management/offsets/delivering.

       Please send the notice of election to [email protected].     Prior to the commencement of clearing activities, notify the Department of        72 hours prior to
       Environment and Science at [email protected] of:                    commencement
            the expected date the clearing activity will commence;                      of vegetation
            the expected duration of the clearing activity;                             clearing.
            the name and contact details of the koala spotter that has been
                contracted for the clearing activity; and
            the name, contact details and authority number of the spotter
                catcher that has been contracted for the clearing activity.
6.     Any pools to be constructed must be designed, constructed, and maintained         At all times
       as koala-safe pools as described in the Koala Sensitive Design Guideline
       (Version 3), prepared by the Department of Environment and Science and
       dated December 2022.
7.         (a) Provide a Fauna Management Plan prepared by a suitably qualified          a) and b) prior to
               and experienced person, in accordance with the Koala Sensitive            operational
               Design Guideline (Version 3), prepared by the Department of               works occurring
               Environment and Science and dated December 2022, to minimise              within the site
               impacts to koalas and other wildlife inhabiting or moving through the
               site.                                                                     c) Within 30
                                                                                         days of
                Required koala protection measures must include, but are not             completion of
                limited to:                                                              vegetation
                  Signage depicting a koala and maximum speed limit of 20km/h           clearing.
                      should be erected at the entrance to the site to inform visitors
                      that koalas may be present on the site
                  Traffic calming devices must be installed along the main
                      entrance and internal roads where they intersect with, or are
                      directly adjacent to koala movement corridors on the site
                  Artificial lighting on the subject site must be operated to ensure
                      it is directed away from the adjacent conservation areas and
                      other fauna corridors to minimise impacts to koalas and other
                      wildlife inhabiting or moving through the site
                  The location of any koala exclusion fencing and/or koala
                      inclusion fencing

           (b) Submit the Fauna Management Plan to the Department of
               Environment and Science at [email protected]

           (c) Implement the management measures contained in the Fauna
               Management Plan.
10.9.4.1.1.1 - Protection of State Transport Networks - The chief executive administering the Planning
Act 2016 nominates the Director-General of Department of Transport and Main Roads 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(s):

8.         (a) The development must provide a private bus stop on the Serenity           (a) – (d) Prior to
               Close frontage of the site, adjacent to the development's pedestrian      the
               entry, at the location shown on the Plan-GA-Ground Floor, prepared        commencement
               by Richards and Spence, drawing reference SD-A-01- 03-G, revision
                                                                                         of use
               K, dated 05/07/2023, as amended in red.



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                                                                                             2210-31715 SRA




           (b) The private bus stop required in part (a) of this condition must be in
               accordance with the Disability Standards for Accessible Public
               Transport 2002 made under subsection 31(1) of the Disability
               Discrimination Act 1992 and include the following:
                (i)     a bus zone with minimum capacity for the set down of one
                        (1) single unit rigid bus of 14.5m in length
                (ii)    bus zone signs R5-20 at either end of the bus zone and
                        pavement marking in accordance with AS1742.11 – Manual
                        of uniform traffic control devices, Part 11: Parking controls
                (iii)   lighting in accordance with AS/NZS 1158.3.1 – Lighting for
                        Roads and Public Spaces, Part 3.1: Pedestrian Area
                        (Category P) Lighting – Performance and Design
                        Requirements
                (iv)    access and hardstand for waiting and boarding/alighting
                        passengers
                (v)     a paved pedestrian footpath adjacent to the bus zone for its
                        entire length and extending to the development's pedestrian
                        entry stairs and ramp in Serenity Close.

           (c) Provide no stopping signage (R5-35) and pavement marking in
               accordance with AS1742.11 – Manual of uniform traffic control
               devices, Part 11: Parking controls in the Serenity Close cul-de-sac,
               excluding vehicle crossovers.

           (d) RPEQ certification, with supporting documentation, must be
               provided to the Program Delivery and Operations Unit, North Coast
               Region ([email protected]) within the Department
               of Transport and Main Roads confirming that the development has
               been designed and constructed in accordance with parts (a) and (c)
               of this condition.
9.         (a) The development must provide a passenger loading zone adjacent           (a) – (b) Prior to
               to the check-in lounge and reception at the location shown on Plan-      the
               GA-Ground Floor, prepared by Richards and Spence, drawing                commencement
               reference SD-A-01- 03-G, revision K, dated 05/07/2023, as                of use and to be
               amended in red.                                                          maintained at all
                                                                                        times
           (b) The passenger loading zone required in part (a) of this condition
               must be in accordance with the Disability Standards for Accessible       (c) Prior to the
               Public Transport 2002 made under subsection 31(1) of the Disability      commencement
               Discrimination Act 1992 and include the following:                       of use
               (i)      a passenger loading zone with minimum capacity for the
                        concurrent parking of 3 x B99 standard vehicles, 1 x wheel
                        chair accessible taxi and 2 x mini-buses of 6.99m in length
                        in total, parallel to kerb;
               (ii)     one wheelchair accessible parking bay designated by
                        signage and pavement marking at the front of the queue in
                        accordance with:
                      AS1428.1 - Design for access and mobility;
                      AS2890.6 – Parking Facilities, Part 6: Off-street parking for
                       people with disabilities;
                      Chapter 7 – Taxi Facilities of the Public Transport
                       Infrastructure Manual 2015; and
                      the Disability Standards for Accessible Public Transport
                       2002 - subsection 31(1) of the Disability Discrimination Act
                       1992;
               (iii)    the remainder of the passenger loading zone to be
                        continuous with unmarked bays for the parking of vehicle
                        combinations including B99 standard vehicles and mini-
                        buses of 6.99m in length;


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                                                                                       2210-31715 SRA




                 (iv)     passenger loading zone signs - R5-23 (passengers – 2 or
                          15 minute), placed at either end of the zone, and line
                          marking in accordance with AS1742.11 – Manual of uniform
                          traffic control devices, Part 11: Parking controls;
                 (v)      lighting in accordance with AS/NZS 1158.3.1 – Lighting for
                          Roads and Public Spaces, Part 3.1: Pedestrian Area
                          (Category P) Lighting – Performance and Design
                          Requirements; and
                 (vi)     access and hardstand, and shelter with seats, for waiting
                          and boarding/alighting passengers.

           (c) RPEQ certification, with supporting documentation, must be
               provided to the Program Delivery and Operations Unit, North Coast
               Region ([email protected]) within the Department
               of Transport and Main Roads confirming that the development has
               been designed and constructed in accordance with parts (a) and (b)
               of this condition.




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                                                                                              2210-31715 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) (version 3.0). If a word remains
        undefined it has its ordinary meaning.
2.      Terms defined in the Glossary of Terms found within the State Code 25: Development in South
        East Queensland Koala Habitat Areas are taken to have the same meaning in these
        conditions.
3.      A reference to State Code 25 is a reference to the version of the State Code 25: Development
        in South East Queensland Koala Habitat Areas in effect as at the date of this development
        approval.
4.      The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
        that apply to all persons undertaking the clearing of koala habitat trees, including that clearing
        be undertaken sequentially and in the presence of a koala spotter.
        Penalties for non-compliance apply.
        For further information please contact the Department of Environment and Science at
        [email protected].      Despite this development approval, other permits or approvals may be required for the clearing
        of koala habitat. To determine if the proposed clearing requires other approvals under other
        local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).
6.      The development contains areas mapped as containing a high-risk area on the protected plant
        flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
        under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
        Survey Guidelines to determine if there are any protected plants on the clearing site. If
        protected plants are found on the clearing site, a clearing permit under the Nature
        Conservation Act 1992 may be required.
7.      The development contains habitat for threatened and special least concern fauna species. If the
        development requires tampering with a protected animal breeding place, a species
        management program may be required.

        More information on protected animal breeding places and species management programs can
        be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
        management-program




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                                                                                            2210-31715 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 Change Application for an Other Change to a Development
   Permit for Material Change of Use of Premises for a Resort Complex and Shop, at 3 and 7 Serenity
   Close, Noosa Heads, properly described as Lot 10 on SP195871 & Lot 11 on SP335472
 On 8 April 2010, Sunshine Coast Regional Council (SCRC) issued a development approval for a
   development permit - material change for Resort Development comprising Multiple Dwelling (109
   Dwelling Units), Accommodation Building (90 Accommodation Units) and Ancillary Facilities to be
   assessed against the superseded planning scheme (application number: 2008/176)(original
   development approval)
 The application seeks to change the original development approval to resort complex with ancillary
   retail. The resort accommodation has 178 rooms, 12 suites and 15 villas, resort facilities, including
   restaurants, function rooms, indoor and outdoor recreation, well-being, open space areas, and resort
   retail.
 Section 82(2) of the Planning Act 2016 stipulates that:
   For administering the change application, and assessing and deciding the change application in the
   context of the development approval, the relevant provisions apply—
        (a)as if—
                 (i)the responsible entity were the assessment manager; and
                 (ii)the change application were the original development application, with the
                 changes included, but was made when the change application was made; and
        (b)with necessary changes.
 The subject site is currently mapped under the State Development Assessment Mapping System
   (DAMS) as including Koala habitat areas (KHAs) which are located outside a Koala Priority Area
   (KPA). The proposed development will significantly impact on a KHA outside of a KPA.
 The proposed development also exceeds State transport infrastructure thresholds under Schedule 20
   of the Planning Regulation 2017, as the proposed development includes an accommodation activity
   designed to accommodate more than 75 people in a Local government Area (LGA) 2.
 The application requires assessment by SARA against the State Development Assessment
   Provisions (SDAP), version 3.0:
        o State code 25: Development in SEQ koala habitat areas.
        o State code 6: Protection of State Transport Networks
 SARA has assessed the development against State code 25 and State code 6 and found the
   development complies with the relevant performance outcomes, subject to conditions to ensure:
        o Clearing of non-juvenile koala habitat trees are limited to trees identified as necessary to
            remove within the approved development footprint
        o Operational works (construction and vegetation clearing activities) that may increase the risk
            of stress, injury or death of koalas are identified and managed appropriately so as to prevent
            the risks identified
        o Koala sensitive design measures for the life of the development are identified and
            implemented
        o The significant residual impact to koala habitat is offset in accordance with the Environmental
            Offset Act 2014
        o Provisions for public transport facilities such as private coaches, chartered buses, and
            wheelchair accessible taxis are included within the development design




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                                                                   2210-31715 SRA



Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.0), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      State Planning Policy mapping system [delete if not used]
      section 58 of the Human Rights Act 2019




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                                                        2210-31715 SRA




Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




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                                                  2210-31715 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency              Page 12 of 12

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