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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.
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 - Page 1 of 12 ###regionalOfficeFooter###
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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
State Assessment and Referral Agency Page 2 of 12
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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.
State Assessment and Referral Agency Page 3 of 12
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2210-31715 SRA
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.
State Assessment and Referral Agency Page 4 of 12
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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.
State Assessment and Referral Agency Page 5 of 12
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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;
State Assessment and Referral Agency Page 6 of 12
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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.
State Assessment and Referral Agency Page 7 of 12
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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 3.0). 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
State Assessment and Referral Agency Page 8 of 12
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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
State Assessment and Referral Agency Page 9 of 12
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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
State Assessment and Referral Agency Page 10 of 12
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2210-31715 SRA Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 11 of 12
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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