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

                                                                                            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   assessed against the superseded planning scheme (application number: 2008/176)(original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