REQUEST FOR DELEGATION UNDER SECTION 42 OF THE TRANSPORT INFRASTRUCTURE ACT 1994 ASSOCIATED WITH OPW25/0072 DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS (VEHICLE CROSSOVER, ROADWORKS, DRAINAGE WORKS, EARTHWORKS, VEGETATION CLEARING AND WATERWAY BARRIER WORKS) - 36 ROSES ROAD FEDERAL · Report

PLANNING & ENVIRONMENT COMMITTEE MEETING                                             10 MARCH 2026


7.3         REQUEST FOR DELEGATION UNDER SECTION 42 OF THE TRANSPORT
            INFRASTRUCTURE ACT 1994 ASSOCIATED WITH OPW25/0072
            DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS (VEHICLE
            CROSSOVER, ROADWORKS, DRAINAGE WORKS, EARTHWORKS,
            VEGETATION CLEARING AND WATERWAY BARRIER WORKS) - 36
            ROSES ROAD FEDERAL


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM / Application / OPW25/0072
Attachments        1.   ATTACHMENT 1 - (OPW25 0072) - ENGINEERS REPORT
                   2.   ATTACHMENT 2 - (OPW25 0072) - PROPOSAL PLANS
                   3.   ATTACHMENT 3 - (OPW25 0072) - MAINTENANCE ARRANGEMENTS



EXECUTIVE SUMMARY
During assessment of an Operational Works application at 36 Roses Road, Federal (“the subject
site”), Council officers identified the need for staff to have delegation under section 42 of the
Transport Infrastructure Act 1994 (“the Act”). This section of the Act relates to the impact of a local
government’s decision on state-controlled roads and requires the local government to obtain the
chief executive’s written approval where undertaking works on a local government road that also
includes works on a state-controlled road.

The subject site has a single direct frontage to Roses Road, an unformed Council-owned road
corridor that adjoins the State-controlled Cooroy–Gympie Road. The Operational Works application
proposes to undertake works within Roses Road and a new ‘intersection’ at Cooroy–Gympie Road,
to provide vehicular access (at the landowners expense) to the subject site which is currently
landlocked. The proposed works have been assessed to be compliant with the requirements of The
Noosa Plan 2020 and PSP6 Engineering Design Standards.

The Department of Transport and Main Roads have notified the applicant and Council that the
proposed works trigger the requirement for Council to obtain approval under section 42 of the Act as
the proposal creates a new intersection between a local government road and a state-controlled
road.

RECOMMENDATION
That Council
A. Note the report by the Manager of Development Assessment to the Planning and Environment
   Committee Meeting dated 10 March 2026; and
B. Pursuant to sections 257 and 259 of the Local Government Act 2009 (Qld), delegate authority to
   the Chief Executive Officer, including the power to sub-delegate to Position 10223, to make an
   application under section 42 of the Transport Infrastructure Act 1994 (“the Act”) in relation to
   development application OPW25/0072 at 36 Roses Road Federal.