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2208-30528 SRA - Response with conditions - RAL22 0017

Attached to the e-mail RAL22/0017 - SARA Referral agency response – with conditions..

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RA6-N




SARA reference:        2208-30528 SRA
Council reference:     RAL22/0017
Applicant reference:   3976



23 September 2022

Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]

Attention:       Lisa Pienar


Dear Lisa Pienar


SARA response—4 Hill Street, Pomona
(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 and Referral Agency (SARA) on 18 August 2022.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   23 September 2022
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 reconfiguring a lot (1 into 2 lots)
SARA role:                         Referral agency
SARA trigger:                      Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 (Planning
                                   Regulation 2017) - Development application for a reconfiguring a lot
                                   within 25m of a state-controlled road
SARA reference:                    2208-30528 SRA
Assessment Manager:                Noosa Shire Council

                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Mike Ahern Building, Level 3, 12 First
                                                                             Avenue, Maroochydore
 Page 1 of 7                                                                 PO Box 1129, Maroochydore QLD 4558
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                                                                                                   2208-30528 SRA




Street address:                         4 Hill Street, Pomona
Real property description:              6RP35080
Applicant name:                         Eagle Surveys Pty Ltd
Applicant contact details:              37 Gwandalan Road
                                        Lake Macdonald QLD 4563
                                        [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: TMR22-037172
                                         Date: 19 September 2022

                                        If you are seeking further information on the road access permit,
                                        please contact the Department of Transport and Main Roads at
                                        [email protected]


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 Leanne Simpson, Senior Planning Officer, on 5352 9707 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Eagle Surveys Pty Ltd, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions
        Attachment 5 - Approved plans and specifications




 State Assessment and Referral Agency                                                                  Page 2 of 7

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                                                                                                    2208-30528 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 plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Development permit – Reconfiguring a lot (1 into 2 lots)
 Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 - 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):
 Stormwater management
 1.           (a) Stormwater management of the development must ensure                  (a) and (b) At all times
                  no worsening or actionable nuisance to the state-controlled
                  road.

              (b) Any works on the land must not:
                  (i)    create any new discharge points for stormwater
                         runoff onto the state-controlled road;
                  (ii)   interfere with and/or cause damage to the existing
                         stormwater drainage on the state-controlled road;
                  (iii)  surcharge any existing culvert or drain on the state-
                         controlled road;
                  (iv)   reduce the quality of stormwater discharge onto the
                         state-controlled road.
 Vehicular access to state-controlled road
 2.           (a) The road access locations, are to be located generally in             (a) At all times
                  accordance with the Subdivision Proposal Plan, prepared by
                  Eagle Surveys, dated 24-5-2022, reference 3976 ROL and                (b) and (c) Prior to the
                  revision A.
                                                                                        commencement of use
              (b) Road access works comprising a vehicle crossing –
                  residential driveway (at the road access location) must be
                  provided generally in accordance with the Subdivision
                  Proposal Plan, prepared by Eagle Surveys, dated 24-5-2022,
                  reference 3976 ROL and revision A.

              (c) The road access works must be designed and constructed in
                  accordance with:
                  (i)     Institute of Public Works Engineering Australasia
                          Standard Drawings RS-049, Rev C and RS-050,
                          Rev G; and
                  (ii)    Department of Transport and Main Roads' Road
                          Planning Design Manual 2nd Edition.




 State Assessment and Referral Agency                                                                      Page 3 of 7

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                                                                                              2208-30528 SRA




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) v3.0. If a word remains undefined it has
        its ordinary meaning.

Further development permits required
2.      Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written
        approval is required from the Department of Transport and Main Roads to carry out road works
        on a state-controlled road. Please contact the Department of Transport and Main Roads’ on
        [email protected] with the completed application form and supporting
        information 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). Please contact the Department of
        Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay
        construction. Further information on applying for road works approval is available here:
        https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-
        matters-requiring-approval#roadworks
3.      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 corridor,
        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 corridor. Please contact the public utility team via
        [email protected] for further information on the application and approval process.




State Assessment and Referral Agency                                                              Page 4 of 7

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                                                                                                 2208-30528 SRA




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

The reasons for the department’s decision are:

      The proposed development seeks to reconfigure an existing residential lot into two residential lots.
      The existing dwelling is to be retained on the front lot, with a vacant lot created to the rear including
       an access handle to Hill St, a state-controlled road.
      Separate driveway access is proposed via Hill Street for each proposed lot, therefore an access
       decision under s62A of the Transport Infrastructure Act 1994 is required.
      The proposed development triggers assessment against State code 1: Development in a state-
       controlled road environment of the SDAP.
      The proposed access locations are suitably located so as not to adversely impact or cause safety
       issues on the state-controlled road network.
      The proposal achieves the requirements of State code 1, subject to conditions relating to minimum
       design standard for construction of driveway access to each lot from the state-controlled road, and no
       worsening of stormwater runoff onto 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 State Development Assessment Provisions (version 3.0), as published by the department
      The Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019




    State Assessment and Referral Agency                                                             Page 5 of 7

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                                                2208-30528 SRA




Attachment 4—Change representation provisions




State Assessment and Referral Agency               Page 6 of 7

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                                                 2208-30528 SRA




Attachment 5—Approved plans and specifications




State Assessment and Referral Agency                Page 7 of 7

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