2407-41400 SRA Response with conditions

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                                                                                                    2407-41400 SRA




                                       Development application for a material change of use within 25m of a
                                       state transport road corridor
SARA reference:                        2407-41400 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        658 Louis Bazzo Drive, Ringtail Creek
Real property description:             Lot 4 on RP160124
Applicant name:                        Louis Bazzo Pty Ltd (TTE) C/- JFP Urban Consultants Pty Ltd
Applicant contact details:             PO Box 3634
                                       South Brisbane QLD 4101
                                       [email protected]
State-controlled road access           This referral included an application for a road access location, under
permit:                                section 62A(2) of Transport Infrastructure Act 1994. Below are the
                                       details of the decision:
                                        Approved
                                        Reference: TMR24-043150
                                        Date: 6 September 2024

                                       If you are seeking further information on the road access permit,
                                       please contact the Department of Transport and Main Roads at email
                                       at [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 Sean Elvines, Senior Planning Officer, on 07 5352 9719 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Acting Manager

cc       Louis Bazzo Pty Ltd (TTE) C/- JFP Urban Consultants Pty Ltd, [email protected]




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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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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)


No.     Conditions                                                                       Condition timing
Material change of use – Function facility
10.9.4.2.4.1 – Material change of use of premise near a state transport corridor—The chief executive
administering the Planning Act 2016 nominates the Director-General of the 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):
1.      (a)   The road access location is to be located at the existing access           (a) At all times.
              location, generally in accordance with the plan titled Site Master
              Plan, prepared by Blackburne Jackson, dated 24 June 2024,                  (b) and (c) Prior to the
              Reference 5785-DA02, Issue 04                                              commencement of use.

        (b)   Road access works must be provided at the road access location
              comprising rural property access.

        (c)   The road access works must be designed and constructed in
              accordance with:
              i.    Department of Transport and Main Roads, Standard
                    Drawing No. 1807, dated 11/2021, Rev B
              ii.   Department of Transport and Main Roads’ Road Planning
                    Design Manual – 2nd Edition, Volume 3 – Guide to Road
                    Design.
2.      (a)   Road works comprising Basic Right Turn (BAR) and Basic Left                Prior to the
              Turn (BAL), must be provided generally in accordance with the              commencement of use
              plan titled Functional Layout Plan, prepared by Morgan
              Consulting Engineers, dated 19 August 2024, Drawing No.
              24080/SK20, Revision C.

        (b)   The road works must be designed and constructed in accordance
              with:
              i.    Department of Transport and Main Roads' Road Planning
                    and Design Manual, 2nd Edition, Volume 3 – Guide to Road
                    Design
              ii. Department of Transport and Main Roads' Supplement to
                    Austroads Guide to Road Design (Parts 3, 4-4C and 6)
              iii. Austroads Design Vehicles and Turning Path Templates
              iv. Queensland Manual of Uniform Traffic Control Devices, Part
                    13: Local Area Traffic Management and AS 1742.13-2009
                    Manual of Uniform Traffic Control Devices – Local Area
                    Traffic Management.
3.      Vegetation removal and benching must be carried out to ensure sight              Prior to the
        visibility from the existing driveway meets SISD 160m to the east and            commencement of use
        SISD 240m to the west, generally in accordance with plan titled Sight            and to be maintained at
        visibility from existing driveway SK01 – Aerial View, dated August               all times.
        2024, prepared by Hayes Traffic Engineering.




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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.      Advertising Devices: Advertising devices have the potential to cause unsafe distraction, glare
        or other nuisance to drivers, which affects safety on the sate-controlled road. Any proposed
        advertising devices are to be in accordance with the Department of Transport and Main Roads’
        Roadside Advertising Manual 2022, Edition 4. Any advertising device at this location:
             must not exceed a maximum luminance of not more than 300cd/m2.
             must be placed within the subject site, clear of the state-controlled road reserve
                 (without overhang).
             must not contain a variable message component.

        Further information on the Department of Transport and Main Roads’ Roadside Advertising
        Manual 2022 can be found at the following link: www.tmr.qld.gov.au/business-
        industry/technical-standards-publications/roadside-advertising-manual.
3.      Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written
        approval is required from the Department of Transport and Main Roads (DTMR's) to carry out
        road works on a state-controlled road prior to the works commencing. Please contact DTMR on
        [email protected] with the completed application form and supporting
        information to make an application for road works approval. As part of the application process
        detailed engineering designs the proposed works, certified by a Registered Professional
        Engineer of Queensland will be required. The detailed design must demonstrate how the
        proposed works will comply with DTMR's Road Planning and Design Manual, 2nd Edition
        (RPDM), technical standards and policies. DTMR advises that any design submitted through
        the development application process is conceptual in nature and has not been reviewed in
        detail to confirm that all aspects of the design, including (but not limited to) provision for
        vulnerable road users, signals, lighting, and pavement design, meets DTMR requirements.

        To ensure that gaining approval does not delay construction please contact DTMR as soon as
        possible. Further information on applying for road works approval is available here:
        www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-matters-
        requiring-approval#roadworks
4.      Public utility works and connection approval: The applicant is advised that if any works
        and/or connections are required to public utility services within a State-controlled road reserve,
        approval must be given by the Department of Transport and Main Roads under the relevant
        public utility legislation (electricity, water/sewer, telecommunication), and in accordance with
        TMR technical standards (TN163). Approvals must be obtained prior to commencing any utility
        works within the state-controlled road reserve. Please contact the public utility team via
        [email protected] for further information on the application and approval process.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the SARA’s decision are:
 The proposed development is for a material change of use for a function facility at 658 Louis Bazzo
   Drive, Ringtail Creek.
 SARA assessed the development against the following code(s) of the State Development
   Assessment Provisions (SDAP), version 3.0:
        o State code 1: Development in a state-controlled road environment.
 The development complies with the assessment benchmarks of State code 1 of SDAP (version 3.0)
   in that the development:
        o does not adversely impact the structural integrity or physical condition of the state controlled
             road
        o does not adversely impact the safety, function and efficiency of the state controlled road.

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
 section 58 of the Human Rights Act 2019.
Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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