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1806-5752 Referral Agency Response (Council ref MCU18 0084) · MCU18/0084

Attached to the e-mail Referral Agency Response - with conditions - MCU18/0084.

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RA6-N




Our reference:        1806-5752 SRA
Your reference:       MCU18/0084



18 July 2018

The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
[email protected]

Attention:        Glen Conforti


Dear Mr Conforti

Referral agency response—with conditions
(Given under section 56 of the Planning Act 2016)

The development application described below was properly referred to the Department of State
Development, Manufacturing, Infrastructure and Planning (the department) on 12 June 2018.

Applicant details
 Applicant name:                      SE Keating and STJE Marsh C/- Project Urban
 Applicant contact details:           Mick Sheppard
                                      PO Box 6380
                                      MAROOCHYDORE B.C. QLD 4558
                                      [email protected]
Location details
 Street address:                      340 Pomona Kin Kin Road, Pinbarren QLD 4568
 Real property description:           Lot 26 on M37911
 Local government area:               Noosa Regional Council

Application details
 Development permit                   Material change of use for visitor accommodation – type 3 rural

Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:
         10.9.4.2.4.1            State transport corridors and future state transport corridors

                                                                           South East Queensland (North) regional
                                                                           office
                                                                           Mike Ahern Building, Level 3, 12 First
                                                                           Avenue, Maroochydore
 Page 1 of 5                                                               PO Box 1129, Maroochydore QLD 4558
Full text of the other 4 pages

Page 2

                                                                                                   1806-5752 SRA




Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Planning Act), the conditions set out in
Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditions
The department must provide a reason for the decision to impose a condition. This reason is set out in
Attachment 2.

Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.


Drawing/Report title            Prepared by                     Date           Reference no.   Version/Issue


Aspect of development: MCU – Visitor Accommodation – Type 3 Rural


Site Plan                       Jim Moehead – building          01.05.18       1804-A1         A
                                design and drafting


Advice to the assessment manager
The department offers advice to the assessment manager about the development application as set out
in Attachment 3.

A copy of this response has been sent to the applicant for their information.

For further information please contact Jamaica Hewston, Principal Planning Officer, on (07) 5352 9718 or
via email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc       SE Keating and STJE Marsh C/- Project Urban, [email protected]

enc      Attachment 1—Conditions to be imposed
         Attachment 2—Reasons for decision to impose conditions
         Attachment 3 – Advice to the applicant
         Approved plan




 Department of State Development, Manufacturing, Infrastructure and Planning                         Page 2 of 5

Page 3

                                                                                                   1806-5752 SRA



Attachment 1—Conditions to be imposed



 No.      Conditions of Development Approval                                   Condition Timing

 Development Permit - Material Change of Use – Visitor Accommodation – Type 3 Rural

 State-controlled road trigger number 10.9.4.2.4.1—The chief executive administering the Planning
 Act 2016 nominates the Director-General of the Department of Transport and Main Roads (TMR) 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 conditions:
 Road access onto the state-controlled road

 1             (a) The road access location, is to be located generally in     (a) At all times.
                   accordance with Site Plan, prepared by Jim Moehead
                   Building Design and Drafting, dated 01.05.18, reference
                   180404 – A1, revision A.
               (b) Road access works comprising a rural driveway (at the       (b) and (c): Prior to the
                   road access location) must be provided at the road          commencement of use
                   access location.
               (c) The road access works must be designed and
                    constructed in accordance with Institute of Public Works
                    Engineering Australia Standard Drawing (IPWEA) RS-
                    056 and the Department of Transport and Main Roads’
                    Road Planning and Design Manual 2nd Edition.




 Department of State Development, Manufacturing, Infrastructure and Planning                         Page 3 of 5

Page 4

                                                                                            1806-5752 SRA



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
  to ensure the road access location to the state-controlled road from the site does not compromise
    the safety and efficiency of the state-controlled road.
  to ensure the design of any road access maintains the safety and efficiency of the state-controlled
    road.

Findings on material questions of fact
  The development application is for a material change of use for visitor accommodation – type 3 rural.
  The site is accessed directly from a state-controlled road.
  The site is located within 25 metres of a state-controlled road.
  The site is improved by a dwelling house and associated residential embellishments.

Evidence or other material on which the findings were based
 submitted development application material
 State Development Assessment Provisions published by the Department of Infrastructure, Local
    Government and Planning, version 2.2
 Development Assessment Rules published by the Department of Infrastructure, Local Government
    and Planning, version 1.1
 Planning Act 2016
 Planning Regulation 2017.




 Department of State Development, Manufacturing, Infrastructure and Planning                  Page 4 of 5

Page 5

                                                                                            1806-5752 SRA



Attachment 3 — Advice to applicant



 General Advice

 Road access works onto the state-controlled road

 1.     Under section 33 of the Transport Infrastructure Act 1994, written approval is required from TMR
        to carry out road works that are road access works (including driveways) on a state-controlled
        road and road upgrade works (turn treatments). Please contact the TMR via
        [email protected] (or phone 5451 7055), (please quote TMR18-024815) to make
        an application for road works approval. This approval must be obtained prior to commencing any
        works on the state-controlled road reserve.

        The approval process may require the approval of engineering designs of the proposed works,
        certified by a Registered Professional Engineer of Queensland (RPEQ). The road access works
        approval process takes time – please contact TMR as soon as possible to ensure that gaining
        approval does not delay construction.

        The applicant is requested to submit the certification of completion to TMR once works are
        complete as evidence of compliance with Condition 1.




 Department of State Development, Manufacturing, Infrastructure and Planning                   Page 5 of 5

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